Definition
The statutory right of employees to be accompanied by a trade union representative or work colleague at formal disciplinary and grievance hearings. The companion can address the hearing, confer with the worker, and ask questions but cannot answer questions on behalf of the worker.
UK Context
Section 10 of the Employment Relations Act 1999 provides the right. The companion must be a trade union official or a fellow worker of the same employer. If the chosen companion is unavailable on the proposed date, the employer must postpone the hearing to an alternative date within five working days.
Best Practices
- Inform the employee of their right to be accompanied in the letter inviting them to the hearing
- Allow the companion reasonable time to confer with the employee during the hearing
- Do not penalise the employee or their companion for exercising this right
Frequently Asked Questions
Can an employee bring a solicitor to a disciplinary hearing?
There is no statutory right to legal representation at an internal disciplinary hearing. The right is limited to a trade union representative or work colleague. However, some employer policies or contracts may allow legal representation, and it may be appropriate in complex cases.
What can the companion do at the hearing?
The companion can put forward the worker's case, sum up their case, respond on their behalf to views expressed, and confer with the worker during the hearing. They cannot answer questions on the worker's behalf or address the hearing if the worker does not want them to.