Employees have a legal right to be accompanied to certain formal workplace meetings – but when does this apply, who can they bring, and what are the risks if an employer refuses? Under the Employment Relations Act 1999, employees have the legal right to request to be accompanied to certain formal meetings at work. In this week’s blog we answer some common questions about that right.

Does the rule apply to all workplace meetings?
No. The right applies to disciplinary or capability hearings (including appeals) where a warning, dismissal, or other formal sanction is being considered. It also applies to grievance and grievance appeal hearings.

It does not cover informal meetings, performance reviews, or day-to-day management discussions.

Who can be an employee’s companion?
Employees can choose to be accompanied by either a work colleague, a workplace trade union representative who is certified or trained to act as a companion or an official employed by a trade union. You are able to ask any chosen trade union companion for evidence of their certification or training.

Does the employee need to be a member of the trade union in order to be accompanied by a trade union representative or official?
The employee does not need to be a member of the trade union to be accompanied by a union official or trained representative.

Does the employer need to recognise the trade union that the companion comes from?
There is no requirement for the trade union to be formally recognised by the employer for the representative to act as a companion.

Should the employer ever consider allowing a wider category of individuals to accompany?
Although the legal right to be accompanied limits companions to employees and trade union representatives, employers should check their contracts and internal policies, which may already offer broader rights.

Regardless, in some cases, allowing a different type of companion may be a reasonable adjustment or simply the correct and compassionate choice depending on the situation. Each case should be assessed on its own merits.

What should you do if the chosen companion can’t attend at the time set?
The employee can ask for the meeting to be postponed to a new time within five working days of the original date. If the companion is still unavailable within that period, employers should consider a further delay – especially if refusing the request might be seen as unreasonable in the circumstances.

What are companions allowed to do in meetings?
The companion can address the hearing, put the employee’s case, and confer with them during the meeting. However, they are not allowed to answer questions on the employee’s behalf.

What rights do companions have?
A worker who is attending a hearing as a companion (whether or not they are also a trade union official) has a right to paid time off during working hours to do so. They can also claim if they are subject to any detriment or dismissed because they have acted (or sought to act) as a companion.

What’s the legal risk of refusing a request to be accompanied?
If an employer unreasonably refuses a request to be accompanied, the employee can bring a claim worth up to two weeks’ pay (subject to the statutory cap). More significantly, it could undermine the fairness of a dismissal or grievance outcome and lead to wider claims of unfair dismissal, discrimination, or victimisation.

Tips for employers

  • Check whether any policies or contractual terms within the business extend the right to be accompanied wider than the strict legal requirements. You must always comply with your own internal rules.
  • Always state in writing if a meeting triggers the right to be accompanied and invite the employee to let you know if they wish to exercise that right.
  • Ask the employee to confirm the identity of their chosen companion in advance – so you are able to facilitate their availability and deal with any issues arising in good time before any actual meeting.
  • If you agree to an employee being accompanied by someone other than a work colleague or trade union representative then clearly document your reasons for allowing this – to avoid claims of unfair treatment from other employees.

HR Inner Circle members can find additional resources on this topic, including a ‘Guide to being a Workplace Companion’ and a ‘Companion confidentiality statement’ in the templates section of the Vault.