The Right to Be Accompanied at a Disciplinary Hearing: A Practical Guide for Managers

If you’re managing a disciplinary process without HR support, one of the questions that comes up time and time again is around the employee’s right to be accompanied. It sounds simple on the surface, but in reality, it’s one of those areas where confusion can easily creep in and lead to decisions that either complicate the process or create unnecessary risk.

Understanding what the law says, and just as importantly what the ACAS Code of Practice expects, will give you the confidence to handle these situations properly and keep your process on track.

Understanding the Right to Be Accompanied at a Disciplinary Hearing

Employees have a statutory right to be accompanied at formal disciplinary and grievance hearings. This is not something that is open to interpretation or discretion, it is a legal entitlement where the outcome of the meeting could result in formal action.

The ACAS Code of Practice reinforces this position and sets the expectation that employers should allow a companion in these circumstances as part of a fair and reasonable process.

Where managers can sometimes feel uncertain is not around whether the employee can bring someone, but around who that person can actually be.

Who Can Attend a Disciplinary Hearing as a Companion?

This is where it is important to be clear and confident, because the law is quite specific.

An employee can be accompanied by a fellow worker, a trade union representative, or an official employed by a trade union. That is the full extent of the statutory right, and the ACAS guidance does not expand beyond this.

It is not uncommon for employees to assume they can bring someone they feel comfortable with, such as a partner, friend or relative. While that is understandable from a personal perspective, it does not fall within the legal definition of a companion.

As a manager, you are not obliged to agree to requests that fall outside of these categories, and it is perfectly reasonable to explain this in a calm and professional way.

Requests for Family Members or Friends to Attend

This is often where managers feel under pressure, particularly when an employee expresses anxiety about attending the meeting alone.

There is no legal right for a family member or friend to attend a disciplinary hearing. However, there may be situations where you choose to exercise some discretion. For example, if there are genuine wellbeing concerns or a need for additional support, it may be appropriate to allow this as an exception.

If you do decide to allow it, it is important to set very clear expectations from the outset. The individual is there for support only and is not there to participate in the meeting. They should not answer questions, challenge the process or attempt to take an active role.

Making that distinction early will help you maintain control of the meeting and avoid any confusion once it begins.

Can a Solicitor Attend a Disciplinary Hearing?

This is another question that comes up regularly, and it is one where you can be very clear.

Employees do not have a legal right to bring a solicitor to a disciplinary hearing, and this is not supported by the ACAS Code of Practice.

Disciplinary hearings are internal workplace processes, not legal proceedings. Introducing a solicitor into the room fundamentally changes the tone and dynamic of the meeting, and not in a helpful way.

In practice, what often happens is that the focus shifts away from the actual issue and becomes centred on legal language, procedural challenges and technical arguments. What should be a straightforward and structured conversation can quickly become drawn out and unnecessarily complicated.

Put simply, it derails the meeting. So you are absolutely within your rights to say ‘no’ and I would encourage you to do so with confidence.

The Role of the Companion in a Disciplinary Hearing

Even where the companion is appropriate, there is often confusion about what their role actually is.

The ACAS Code of Practice is clear that the companion is there to support the employee, not to take over the meeting or run their own process.

They can address the hearing, put forward the employee’s case, sum up their position and confer with them during the meeting. However, they are not there to answer questions on behalf of the employee, nor are they there to challenge every aspect of the process or disrupt the flow of the meeting.

Maintaining that distinction is key to ensuring the hearing remains focused and effective.

When Trade Union Representatives Overstep Their Role

We are seeing an increasing number of cases where trade union representatives are becoming more involved in disciplinary processes, and in some instances, overstepping their role.

In a recent case we supported, a union representative argued that they had not been given the opportunity to interview witnesses themselves. This is a good example of where boundaries need to be reinforced.

The investigation is the responsibility of the employer. The purpose of the disciplinary hearing is to review the findings of that investigation and give the employee an opportunity to respond. It is not an opportunity for the companion to re-run or expand the investigation.

As a manager, it is important that you feel confident in addressing this if it arises. Bringing the conversation back to the purpose of the meeting and calmly reinforcing the structure of the process will help you maintain control.

The Importance of Following the ACAS Code of Practice

The ACAS Code of Practice underpins all of this and sets the standard for handling disciplinary matters fairly.

It emphasises the need for a reasonable investigation, clear communication with the employee, and the opportunity for them to respond to the allegations. The right to be accompanied sits within this broader framework of fairness and transparency.

While the Code itself is not law, it is highly influential. Employment tribunals will take it into account when assessing whether a process has been handled appropriately, and failing to follow it can have consequences.

Preparing for More Trade Union Involvement

Looking ahead, this is an area that is only going to become more prominent. With changes in employment law and increasing awareness of employee rights, we are likely to see more trade union involvement in workplace processes.

For managers, the key is preparation rather than concern.

A well-managed disciplinary process, supported by a fair investigation and clear documentation, will stand up to scrutiny regardless of who attends the hearing. The presence of a companion should not change your approach, but it does mean you need to be confident in your process and your role in managing it.

Final Thoughts on Managing the Right to Be Accompanied

The right to be accompanied is an important part of a fair disciplinary process, but it does not need to be complicated.

Understanding who qualifies, being clear on what is and is not appropriate, and confidently managing the role of the companion will help you avoid common pitfalls.

Most importantly, remember that this is your process to lead. If you stay focused on fairness, structure and the principles set out in the ACAS Code of Practice, you will be in a strong position to manage even the most challenging situations.