Your Right to Be Accompanied at Work Hearings

25 March 2026

Your Right to Be Accompanied at Work Hearings

If you have been invited to a disciplinary hearing or a formal grievance meeting at work, one of the first questions you may have is whether you are allowed to bring someone with you.

In most cases, the answer is yes — you have a legal right to be accompanied, and having someone with you can make a significant difference to how confident and supported you feel.

This article explains what the right to be accompanied means in practice, when it applies, who you can bring, and what to do if your employer refuses your request.

What does the right to be accompanied mean?

The right to be accompanied is a legal protection that allows employees to bring another person with them to certain formal workplace meetings.

The companion is there to support you, help you stay calm, and make sure the meeting remains fair and focused.

This right usually applies to:

  • disciplinary hearings
  • grievance meetings
  • appeal hearings connected to disciplinary or grievance matters

The right to be accompanied is one of the key protections set out in the ACAS Code of Practice on disciplinary and grievance procedures, which sets the standard for fair workplace processes in Scotland.

You can learn more in our guide to
The ACAS Code of Practice Explained Simply.

When does the right to be accompanied apply?

You normally have the legal right to be accompanied when the meeting could result in:

  • a formal warning
  • disciplinary action
  • dismissal
  • a decision about a grievance you have raised

This includes meetings that are formally described as disciplinary or grievance hearings.

Even if a meeting is described as "informal", if it could still lead to disciplinary action, it may be sensible to ask whether your right to be accompanied applies.

The right applies across Scotland, including workplaces in Glasgow, Edinburgh, and elsewhere.

Who can act as your companion?

Under the ACAS Code, you can usually choose one of the following people:

  • a colleague who works for the same employer
  • an official employed by a trade union
  • a trade union representative

In most situations, you cannot bring:

  • a family member
  • a partner
  • a friend
  • a solicitor

unless your employer specifically agrees to allow it.

Some organisations choose to be more flexible than the minimum legal requirements, but the standard legal right normally applies to colleagues or trade union representatives.

What can your companion do during the meeting?

Your companion plays an important supporting role during disciplinary or grievance hearings.

They can:

  • provide moral support
  • take notes during the meeting
  • help you stay calm
  • quietly remind you of points you wanted to raise
  • ask questions to clarify issues
  • raise concerns about the process

Your companion can also speak during the meeting to support your case, although they cannot normally answer questions on your behalf unless the employer agrees.

Having a companion present often improves communication and helps ensure that the meeting remains professional.

Why the right to be accompanied matters

Workplace hearings can feel intimidating, especially if senior managers or HR staff are involved.

Many employees feel nervous, uncertain, or overwhelmed when facing disciplinary action or raising a grievance.

Having a companion helps:

  • reduce anxiety
  • improve confidence
  • ensure important points are not forgotten
  • provide reassurance during stressful discussions
  • encourage fair behaviour from everyone involved

The presence of a companion can also act as an important safeguard if disagreements arise later about what happened during the meeting.

What to do if you want to be accompanied

If you wish to exercise your right to be accompanied, it is usually best to act promptly.

When you receive the meeting invitation:

  1. Reply to confirm you will attend.
  2. State clearly that you wish to be accompanied.
  3. Provide the name of your chosen companion.
  4. Make sure your companion is available to attend.

Giving your employer clear notice helps avoid delays or misunderstandings.

What if your companion is unavailable?

If your chosen companion cannot attend on the proposed date, you may be able to request an alternative meeting time.

Employers should normally agree to rearrange the meeting if:

  • the request is reasonable
  • the alternative date is within a reasonable timeframe

This flexibility helps ensure you can exercise your right properly.

What if your employer refuses to allow a companion?

If an employer unreasonably refuses your request to be accompanied, this may be considered a breach of your legal rights.

This could:

  • make the disciplinary process unfair
  • strengthen your position if you later challenge the outcome
  • be considered by an employment tribunal

If you believe your employer has refused your request without good reason, it may be helpful to keep written records of your communications.

You may also wish to review our guide to
Facing a Disciplinary Hearing? Here's What to Expect.

Preparing with your companion

Preparing together before the meeting can improve your confidence and help you stay organised.

Before the hearing, you may wish to:

  • review the documents together
  • discuss the key issues
  • prepare notes or questions
  • agree how your companion will support you
  • identify any areas that may need clarification

Preparation helps ensure the meeting runs smoothly.

Common concerns employees have

Many employees worry about bringing a companion to a meeting.

Common concerns include:

  • worrying it may make the situation worse
  • feeling embarrassed about asking a colleague
  • uncertainty about what the companion can do
  • fear of appearing confrontational

In reality, exercising your right to be accompanied is a normal and reasonable step.

Most employers expect employees to use this right where appropriate.

When support becomes especially important

Having a companion can be particularly valuable where:

  • the allegations are serious
  • dismissal is being considered
  • workplace relationships are strained
  • complex issues are involved
  • you feel anxious or overwhelmed

In these situations, additional support can make a significant difference.

If your meeting may lead to dismissal, you may also find this guide helpful:
Unfair Dismissal in Scotland: What You Need to Know.

Support is available

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — attend disciplinary or grievance meetings at some point during their careers.

Knowing your rights and preparing properly can help reduce uncertainty and improve your confidence.

Having the right support at the right time can make workplace hearings feel far more manageable.

How Ark Advocacy can help

If you are preparing for a disciplinary or grievance meeting, having experienced support can help you feel more confident and prepared.

Ark Advocacy can help you:

  • understand your right to be accompanied
  • review meeting invitations
  • prepare questions and responses
  • organise your documents
  • attend meetings with you where appropriate
  • support you through appeals if needed

You may also find these guides helpful:

FAQ

Do I always have the right to be accompanied?

You usually have this right during formal disciplinary or grievance meetings that could result in warnings, dismissal, or grievance decisions.

Can I bring a friend or family member?

Not normally. The legal right usually applies to colleagues or trade union representatives, unless your employer agrees otherwise.

Can my employer refuse my chosen companion?

Employers may refuse a companion if they do not meet the legal criteria. However, unreasonable refusal may breach your rights.

Can my companion speak during the meeting?

Yes. Your companion may speak to support you, ask questions, and clarify points, although they usually cannot answer questions on your behalf.

What happens if my employer refuses my right to be accompanied?

Unreasonable refusal may affect the fairness of the process and may be taken into account if the case later reaches an employment tribunal.

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Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.