Companions at meetings: what are the rules?

CIPD HR-inform. Croner.

Stacie Cheadle, technical writer, explains the statutory right to be accompanied with practical advice on how to deal with requests and definitiion of companion.

When it comes to having formal meetings with employees, there are a few things to consider. Have you used an appropriate invite? Have you given them enough notice? Should they be offered the right to be accompanied? The final question is one that gets asked a lot.

There are certain formal meetings where employees have the statutory right to be accompanied, and there are others where they should be offered that right. This ensures a fair process and provides workers with the support they may need to effectively participate in such proceedings.

The statutory right to be accompanied

This applies to formal grievance hearings and disciplinary hearings that could result in:

• A formal warning being issued (eg, first or final written warnings).

• Disciplinary action, such as suspension without pay, demotion, or dismissal.

• The confirmation of a warning or another disciplinary action during an appeal hearing.

  
  

The right does not apply to meetings such as informal discussions, counselling sessions, or investigatory meetings – that is, unless internal policies provide such rights.

Who can act as a companion?

By law, the companion must be one of the following:

• A fellow worker employed by the same employer.

• A trade union representative.

• An official employed by a trade union and certified as competent to act as a companion.

There is no obligation to allow companions outside these categories, such as family members or solicitors, unless internal policies or specific circumstances (e.g., reasonable adjustments for disabilities) permit it.

Requesting a companion

The worker must make a reasonable request to have a companion for the statutory right to apply. Reasonableness includes giving the employer enough notice to facilitate the companion’s attendance and providing their name and relationship to the worker (eg, fellow worker or union official).

If the chosen companion is unavailable on the scheduled date, the worker has the right to propose an alternative date within five working days. That however may change under the draft updated the Acas Code of Practice on disciplinary and grievance procedures (the Code), which suggests some flexibility in that. The draft is still in consultation - it will be some time before it comes into force, and until it does it remains subject to change.

Failing to inform an employee of their right would be considered in an unfair dismissal claim if things were to get that far – and could lead to an uplift of up to 25% of any compensation awarded. This is because the current Code states employers should advise employees of their right to be accompanied when inviting to a relevant meeting. Whilst this is statutory guidance, not the law, employment tribunals must take it into account in relevant cases.

Role of the companion

The companion may:

• Address the hearing to present and sum up the worker’s case.

• Respond on behalf of the worker to views expressed during the hearing.

• Confer privately with the worker during the meeting.

They cannot answer questions on the worker’s behalf or obstruct the hearing.

When else can an employee bring a companion?

Whilst not a statutory right, the Acas Code of Practice on requests for flexible working states that it is good practice to allow employees to make a reasonable request to be accompanied at flexible working meetings.

It may also be a reasonable adjustment under the Equality Act 2010 to allow an employee who fits the definition of disability under that Act to bring a companion with them to a wider range of meetings. This companion may be needed for emotional or physical support, or to help the employee understand and recall what has been discussed.

It can also be good practice to allow employees to be accompanied where they might need a translator, or where they are young and inexperienced with work.

Practical tips

1. Be flexible in exceptional cases: Consider allowing companions outside the statutory categories (eg, family members) for employees under 18 or those requiring reasonable adjustments.

2. Inform employees of their rights: Clearly communicate the right to be accompanied in the invitation to the meeting. This ensures transparency and compliance.

3. Facilitate the companion’s attendance: Accommodate reasonable requests for alternative dates if the chosen companion is unavailable.

4. Provide guidance on the companion’s role: Explain the companion’s permitted activities to avoid misunderstandings or disruptions.

5. Allow paid time off for companions: If the companion is a fellow worker, they are entitled to reasonable paid time off to prepare for and attend the meeting.

By Stacie Cheadle, technical writer at Croner