Who Can Accompany an Employee to a Disciplinary Meeting in the UK

By Kate Underwood HR & Training – HR Consultancy for Small Businesses

Introduction

One of the most common questions I get from small business owners is: who can accompany an employee to a disciplinary meeting?

It's a fair question — and one that can cause confusion. A few years ago, [a case in New Zealand made headlines](https://www.theguardian.com/lifeandstyle/2019/sep/13/new-zealand-man-copywriter-clown-redundancy) when an employee brought a professional clown to his disciplinary hearing after being told he could bring a companion. While the UK hasn't reached balloon-animal territory yet, the story serves as a light-hearted reminder of why employers need to know exactly who can attend.

This guide breaks down what the law says, what ACAS recommends, and how to manage companions, support people, and witnesses without stress. Whether you're an HR professional or a small business owner, understanding these rules can help you handle sensitive meetings fairly and confidently.

The legal right to be accompanied

Under [section 10 of the Employment Relations Act 1999](https://www.legislation.gov.uk/ukpga/1999/26/section/10), any worker invited to a formal disciplinary hearing has a statutory right to be accompanied.

In everyday terms, this means:

• The right applies when a meeting could result in disciplinary action such as a warning, demotion, or dismissal.
• It applies not just to employees but to workers, including part-time, agency, and casual staff.
• A valid companion must be one of the following:

- a colleague;

- a trade union representative who is certified or trained to act as a companion; or

- an official employed by a trade union.

There's no automatic right to be accompanied at an investigatory meeting, but many employers allow it as a gesture of good practice.

If an employer refuses to allow a legitimate companion, the employee can raise a tribunal claim. Compensation can reach up to two weeks' pay — and the reputational cost may be even higher.

What ACAS says about companions

The [ACAS Code of Practice](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html) provides detailed guidance on how companions should behave in disciplinary hearings. Their role is to support, not to take over. According to ACAS, a companion can:

• address the hearing;
• ask questions;
• sum up or clarify the employee's case;
• confer privately with the employee; and
• take notes.

They cannot, however, answer questions on behalf of the employee or disrupt proceedings. The purpose is to ensure fairness and emotional support, not to create confrontation.

For employers, understanding this balance is key. Allowing the companion to participate appropriately shows transparency and reduces the risk of claims that the process was unfair.

Accompaniment at an investigation meeting

There's no legal right to accompaniment during an investigatory meeting — the statutory right only applies once a meeting could lead to disciplinary action.

However, flexibility here can go a long way. You might allow accompaniment if:

• the employee is anxious, unwell, or otherwise vulnerable;
• English isn't their first language; or
• the matter involves sensitive or personal issues.

This simple act demonstrates fairness and can prevent grievances later. It also helps maintain trust, which is particularly valuable in smaller teams where relationships matter.

Who can an employee bring to a disciplinary meeting?

The law is quite specific about who qualifies as a companion. Employees may bring:

• a colleague from their workplace;
• a trade union representative (they don't have to be a union member to ask); or
• an official employed by a trade union.

If the employee has a disability or a communication difficulty, the employer should consider reasonable adjustments. This might include allowing a support person, interpreter, or another agreed third party.

Being accommodating doesn't weaken your authority — it shows professionalism and empathy, two traits that protect both the business and its culture.

Witnesses vs companions

These two roles are often confused, but they serve different purposes.

• A witness attends only to provide evidence relevant to the case.
• A companion is there throughout to offer support to the employee.

The statutory right applies only to the companion. Witnesses usually attend for their specific evidence and then leave once their part is complete.

Keeping this distinction clear avoids confusion and keeps the process structured.

Can an employee bring a parent, partner, or solicitor?

There's no automatic right to bring anyone outside the three approved categories. However, an employer may allow it in exceptional cases. Examples include:

• if the employee is under 18, a parent or guardian can attend;
• if the case involves a regulated profession where a licence or registration might be at risk, a solicitor could be allowed as an exception.

Employers who choose to be flexible should make sure their disciplinary policy explains when and why exceptions may apply — and they must apply those rules consistently. That consistency protects against claims of unfair treatment.

What companions and support people can do

A companion's main job is to support the employee, not to lead the meeting. They can:

• help the employee stay calm and focused;
• ask for clarification if something is unclear;
• take notes to ensure accuracy;
• request short breaks to confer privately; and
• make sure the process feels fair and respectful.

They should not answer questions for the employee or take control of the discussion.

From an HR perspective, allowing the companion to engage within clear limits can help meetings run more smoothly and keep emotions in check.

Can a support person speak during the meeting?

Yes — but within limits. A support person may ask questions, clarify points, or summarise the employee's position. However, they can't speak on the employee's behalf or make statements that replace their voice.

Employers should clarify this boundary at the start of the meeting so everyone knows what's acceptable. It's a simple step that helps avoid tension later.

What is a "support person"?

A support person provides moral and practical help during a meeting. In small businesses without a recognised union, this might be a trusted colleague, mentor, or another agreed individual. Their role is to make the meeting feel balanced and ensure the employee has someone to lean on emotionally.

Support people can be particularly valuable in small teams where HR resources are limited. They help demonstrate that the employer is taking care to maintain fairness.

Tips for employees facing a disciplinary meeting

Preparation is key. Here are five simple but effective tips:

1. Read the invitation carefully. Understand what the meeting will cover and whether it's an investigation or disciplinary hearing.

2. Confirm your right to be accompanied. Let your employer know who you're bringing as soon as possible.

3. Choose wisely. Pick someone calm, reliable, and professional — not necessarily your closest friend.

4. Prepare your points. Review any evidence and note what you want to say.

5. Stay professional. Keep emotions in check and focus on facts.

A well-prepared employee helps the meeting stay productive and respectful.

How to prepare for a disciplinary hearing

Many employees search online for "how to win a disciplinary hearing". But the real goal isn't to win — it's to ensure the process is fair, transparent, and well-understood.

Employees should gather their evidence, review their company's disciplinary policy, and understand what outcome is possible. Using a companion effectively can help them stay composed and clear.

For employers, the focus should be on following procedure and documenting every step. Consistency is what keeps the process defensible.

Real-life KUHR example

A Dorset tech company — let's call them SmartWidgets Ltd — once rang KUHR for urgent help.

They'd invited an engineer, Sam, to a disciplinary meeting but forgot to mention his right to be accompanied. Sam asked to bring his cousin, who happened to be a solicitor. Naturally, the employer hesitated.

With Hazel, our wellbeing officer, observing, we helped them revise their invite to meet ACAS guidance. Because Sam had mild dyslexia and anxiety, we advised allowing his cousin to attend as a reasonable adjustment — provided he did not act as a legal representative.

The meeting went smoothly. Both sides felt respected, communication stayed calm, and — true to form — Hazel brought cake.

In summary

The right to be accompanied exists to keep disciplinary meetings fair, balanced, and transparent.

Employees can bring a colleague or trade union representative, and employers should make reasonable adjustments where necessary. Clear communication, documented processes, and a touch of empathy can prevent misunderstandings and protect everyone involved.

If you're not sure whether your policy or disciplinary templates meet best practice, get in touch with KUHR — and who knows, Hazel might bring cake.

Key sources

1. [Employment Relations Act 1999, section 10](https://www.legislation.gov.uk/ukpga/1999/26/section/10)

2. [ACAS guidance on the hearing step & right to be accompanied](https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing)

3. [ACAS Code of Practice on Disciplinary & Grievance Procedures](https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html)

4. [Citizens Advice: Who can accompany you to a disciplinary meeting](https://www.citizensadvice.org.uk/work/disciplinary-meetings/who-can-accompany-you-to-a-disciplinary-meeting/)

5. [The Guardian: New Zealand man brings clown to redundancy meeting](https://www.theguardian.com/lifeandstyle/2019/sep/13/new-zealand-man-copywriter-clown-redundancy)