A worker who makes a reasonable request has a statutory right to a permitted companion at qualifying disciplinary and grievance hearings, including relevant appeals.
Use this guide to identify what should have happened, which records should exist and which questions still need an answer.
Key points
- Start with employment status and the exact event.
- Separate contract, policy, statutory right and good practice.
- Ask for reasons and records that can be tested.
- Keep internal and external deadlines on separate calendars.
Quick check
Does the statutory right apply?
| Meeting | Position |
|---|---|
| Formal disciplinary hearing that may lead to action | The statutory right normally applies. |
| Disciplinary appeal | The statutory right normally applies. |
| Grievance hearing about a duty owed by the employer | The statutory right normally applies. |
| Grievance appeal | The statutory right normally applies. |
| Pure investigation or informal conversation | No automatic statutory right, but policy, adjustment duties or fairness may support a request. |
Who can be the companion
The statutory categories are a fellow worker, a certified workplace trade union representative, or an official employed by a trade union. The employer may allow someone else. A disabled worker may need a support worker or another person as a reasonable adjustment, which is a separate legal question from the statutory list.
Make the request clearly
The request does not have to use special wording or always be in writing, but written notice reduces later disagreement. Give the name and category of the companion and enough time to arrange attendance. State separately if a different person is requested as a reasonable adjustment.
If the companion cannot attend
If the chosen statutory companion is unavailable, the employer must postpone to a reasonable alternative time proposed by the worker that is within five working days of the original date. The Acas material also flags case law showing that a longer postponement may sometimes be relevant to overall fairness, particularly where dismissal may result. Record the available dates and the practical reason.
What the companion may do
The companion may address the hearing, put and sum up the worker's case, respond to views expressed, confer privately and take notes. They do not have an automatic right to answer every question for the worker or obstruct the employer from explaining its case. Agree practical arrangements before the hearing if communication, disability or language needs affect participation.
What can you realistically ask for?
- A clear written explanation of the decision and the rule used.
- Correction of factual or procedural errors.
- A reconsideration, meeting, appeal or grievance outcome where appropriate.
- Preservation and disclosure of the material needed to understand the decision.
- A specific practical remedy rather than a general request to “deal with it”.
Evidence worth keeping
Preserve original, dated records. Keep a short chronology linking each item to the fact it may prove.
Common employer responses, and what they do not necessarily prove
| Employer says | What to check |
|---|---|
| “You did not ask in the correct form.” | The statutory request does not require a prescribed form, though a clear written request is sensible. |
| “We choose your companion.” | For the statutory right, the worker chooses from the permitted categories. |
| “A companion may only sit silently.” | The companion has defined rights to address, respond, confer and sum up. |
What to say next
Adapt the wording to the facts. Do not state that a right definitely applies until you have checked status, eligibility, dates and the correct legal route.
What to do
A practical next-step plan
- Record the event, decision, date, people involved and practical effect.
- Identify the contractual, policy and statutory routes separately.
- Request the precise reason and the smallest useful evidence set.
- Use the internal process and ask for a defined remedy.
- Protect the Acas and tribunal deadline independently of internal discussions.
Escalation and time limits
For most employment tribunal claims whose time limit starts on or after 1 October 2026, the primary limit is now six months minus one day. If the time limit started before that date, the earlier three-month-minus-one-day framework usually continues to apply. Some claims have different limits, including statutory redundancy pay, and interim relief in certain dismissal cases can require action within seven days.
An internal request, grievance, disciplinary process or appeal does not normally stop the tribunal clock. Notify Acas within the applicable limit. Early conciliation pauses the clock only within the statutory scheme, and the calculation can be technical where there are several acts or respondents.
Official sources
Check the current source material.
- Current Acas Code: accompaniment ↗
- Acas: The disciplinary hearing ↗
- Employment Relations Act 1999, sections 10 to 15 ↗
ConsumerWise provides general information rather than individual legal advice. Check current rules, dates, status and eligibility against the official source before acting.