I've been called to a disciplinary hearing, can I bring someone?

The Employment Relations Act 1999 gives workers the statutory right to be accompanied at a disciplinary or grievance hearing by either: (1) a trade union representative; or (2) a colleague employed by the same employer.

This right applies to any formal disciplinary hearing that could result in: a formal warning; the taking of some other action (such as demotion, loss of pay, or transfer); or dismissal. It does not apply to investigatory meetings (meetings held to establish facts) — though good practice is to allow a companion in those too.

The companion can: address the hearing to put the worker's case; respond on behalf of the worker to any views expressed at the hearing; and confer with the worker during the hearing. The companion cannot answer questions put directly to the worker, but has the right to speak and to question the employer's case.

If you request a companion and your employer refuses, or if they take action against you for exercising this right, you can bring a claim in the Employment Tribunal for up to two weeks' pay.

It is also best practice (per the ACAS Code of Practice) to be given advance notice of the allegations and any evidence the employer relies upon before the hearing, so you can prepare your response. You have a right to see the evidence against you.

If you are dismissed at or following the hearing, you also have the right to appeal. Always exercise the right of appeal — failure to do so can affect your tribunal compensation.