Your Right to Be Accompanied at Work Hearings in Scotland (2026)

If you have been invited to a disciplinary hearing or a formal grievance meeting at work, one of the first things you should know is that you do not have to go in alone.

You have a statutory legal right to bring a companion with you to formal disciplinary and grievance hearings. This right is established by law, it cannot be removed by your employer, and using it is a normal and reasonable step — not an escalation.

This article explains exactly when the right to be accompanied applies, who you can bring, what your companion is entitled to do during the hearing, what happens if your employer refuses, and how to make the most effective use of this right.

The Legal Basis — Where This Right Comes From

The right to be accompanied at formal disciplinary and grievance hearings is established by section 10 of the Employment Relations Act 1999. It applies to all employees in Scotland and across Great Britain, regardless of how long they have been employed or what sector they work in.

The right is also confirmed and reinforced by the ACAS Code of Practice on Disciplinary and Grievance Procedures, which employment tribunals are required to take into account when assessing whether a process was conducted fairly.

This is not a discretionary right that your employer can choose to grant or withhold. It is a statutory right. An employer who unreasonably refuses it has acted unlawfully, and that refusal is directly relevant to whether any subsequent disciplinary outcome or dismissal was fair.

When the Right to Be Accompanied Applies

The statutory right applies to any hearing that meets the following conditions:

it is a formal disciplinary or grievance hearing — not an investigation meeting or informal discussion
the hearing could result in a formal warning, other disciplinary action, or dismissal

The key word is "could." If there is any possibility that the meeting might result in a formal outcome — even if your employer has described it as preliminary or exploratory — the right is likely to apply.

Specifically, the right applies to:

formal disciplinary hearings at any stage of the process
formal grievance hearings
appeal hearings connected to disciplinary or grievance decisions
any hearing that could result in a formal written warning, final warning, demotion, or dismissal

The right does not apply as a statutory matter to:

investigatory or fact-finding meetings
informal discussions about performance or conduct
routine management meetings

However — and this is important — your employer's own disciplinary or grievance procedure may extend the right to be accompanied to investigatory meetings and other stages not covered by the statutory minimum. Many employers' policies do exactly this. Before attending any formal meeting, check your employer's own procedure to see what it provides. If it extends the right and your employer denies it, that is a departure from their own policy.

You can read more about identifying when your employer's policy gives you more rights than the legal minimum in our guide to
Your Employer Isn't Following Their Own Procedure — What You Can Do About It

Who You Can Bring

Under the statutory right, your companion must be one of the following:

a work colleague — someone employed by the same employer
a trade union representative — an official of a trade union of which you are a member
an official employed by a trade union — a paid official of a recognised trade union

You cannot insist on bringing a family member, friend, solicitor, or independent workplace advocate as a matter of statutory right — unless your employer specifically agrees to it.

However, your employer's own procedure may permit a wider choice of companion. Some employers allow independent workplace advocates, lay representatives, or other support persons at their discretion. It is always worth checking the policy and, if appropriate, requesting a wider companion in writing. Some employers will agree — particularly if the alternative is a hearing that proceeds on clearly unequal terms.

If you are uncertain whether your chosen companion qualifies, put the request in writing, state clearly who you intend to bring, and ask for confirmation. If your employer raises an objection, they should explain the basis for it.

What Your Companion Is Entitled to Do

Understanding what your companion can actually do — and what they cannot do — helps you brief them properly and make the most effective use of their presence.

Your companion is legally entitled to:

address the hearing — they can speak on your behalf, present your case, and sum up your position
confer with you during the hearing — they can speak to you privately during the meeting to advise you
respond on your behalf to any view expressed at the hearing
ask questions to clarify points or challenge the employer's account
take notes throughout the hearing
raise procedural concerns — if the hearing is not being conducted fairly, your companion can raise this formally

Your companion cannot:

answer questions on your behalf that are directed to you
address the hearing in a way that prevents the employer from explaining their case
conduct the hearing in a way that takes over your own right to speak

In practice, the most effective companions are not passive. A companion who actively puts your case, challenges evidence that appears incomplete or inaccurate, and raises procedural failures at the hearing — calmly and clearly — makes a genuine difference to both the conduct and the outcome.

The Right to Postpone if Your Companion Is Unavailable

If your chosen companion is unavailable on the date your employer has proposed, you have a statutory right to request that the hearing is postponed to an alternative date. The alternative date must be reasonable and must fall within five working days of the original date proposed by your employer.

This right exists to ensure you can actually exercise your right to be accompanied — not just have it in theory while being prevented from using it by inconvenient scheduling.

To use this right:

respond to the hearing invitation promptly
state clearly that your chosen companion is unavailable on the proposed date
propose a specific alternative date within five working days
put the request in writing and keep a copy

If your employer refuses a reasonable postponement request, that itself may be a procedural failure.

What to Do if Your Employer Refuses Your Request

An employer who unreasonably refuses your request to be accompanied has acted unlawfully. This can have direct consequences for any subsequent disciplinary outcome.

If your employer refuses:

Put your request in writing first. Before the hearing, send a written request confirming who you intend to bring and citing your statutory right under section 10 of the Employment Relations Act 1999. A refusal to a written request is more difficult for an employer to defend than a verbal refusal.

Attend the hearing and raise the refusal at the start. If your employer proceeds with the hearing despite your request, attend and state formally at the opening that you have been denied your right to be accompanied and that you wish this to be noted in the record.

Note the refusal and its consequences. If the hearing results in a formal outcome — a warning or dismissal — the refusal of accompaniment is directly relevant to whether that outcome was procedurally fair. An employment tribunal will take it into account.

Seek independent advice immediately. A refusal to allow accompaniment is a serious procedural failure. Do not wait until after the outcome to seek advice.

Pressure Not to Bring a Companion

Some employers do not formally refuse the right to be accompanied but instead apply informal pressure — suggesting that bringing someone "will make things worse," that the meeting is "just a chat," or that using the right will be viewed negatively.

This pressure should be disregarded. Using your statutory right to be accompanied is not adversarial, aggressive, or unreasonable. It is a normal step that employees are entitled to take, and any employer who suggests otherwise is discouraging you from exercising a legal right.

If you experience this kind of pressure, note it in writing as part of your contemporaneous record.

The Difference Between a Colleague and an Experienced Companion

Choosing a work colleague as your companion is often the most practical option and can work well — particularly where the colleague understands the workplace, knows the people involved, and is willing to engage actively at the hearing.

However, a colleague also has limitations:

they may not be familiar with what your employer's own procedure requires
they may not know how to identify and raise procedural failures
they may feel uncomfortable challenging management
they may have their own concerns about the professional implications of the role

An experienced independent companion — such as a workplace advocate — brings a different set of strengths: familiarity with the ACAS Code and employer procedures, experience of how disciplinary and grievance hearings are conducted, and the ability to raise procedural concerns without the social pressures a colleague may face.

The choice of companion matters. Think carefully about what you need from the person you bring.

You can read more about what Ark Advocacy does as a representative at disciplinary and grievance hearings in the section below.

Start Your Record Immediately

Whether your hearing has been arranged or is still being scheduled, starting a contemporaneous written record now is one of the most important steps you can take.

For each relevant event, note:

the date, time, and location
what happened or what was said, as accurately as possible
who was involved or present
how it affected you
any action you took and any response you received

Alongside your notes, keep copies of:

the hearing invitation letter
any written request you made to be accompanied and your employer's response
your employer's disciplinary or grievance procedure
all correspondence with HR or management relating to the hearing

If your employer refuses your request to be accompanied, document exactly when and how the refusal was communicated, and what reason, if any, was given.

Keep everything on a personal device and a personal email account, not on work equipment or systems.

What to Do Right Now

If you have received a hearing invitation and want to exercise your right to be accompanied, the following steps matter most.

Check your employer's own procedure first. Your employer's policy may extend the right to be accompanied to stages not covered by the statutory minimum — including investigation meetings. If it does and the right has been denied, that is a procedural failure regardless of what the law's minimum requires.

Decide who to bring. Think carefully about who will be most effective in the specific circumstances of your hearing. Consider whether a colleague or a more experienced companion better serves your needs.

Put your request in writing. Do not just mention it verbally. Send an email to HR or your manager confirming the name of your chosen companion and stating that you are exercising your statutory right. Keep a copy.

Brief your companion properly. Your companion should understand the allegations, the evidence, the key points you want to make, and any procedural concerns about how the process has been conducted so far. A poorly briefed companion adds less value than one who is properly prepared.

Seek independent advice before the hearing. Understanding what should happen at the hearing, and what your companion should be prepared to raise, is best done before — not after — you are in the room.

Support Is Available

Many employees across Scotland — including those in Glasgow, Edinburgh, and surrounding areas — face disciplinary and grievance hearings without fully understanding their right to be accompanied or how to use it effectively.

Knowing your rights and using them confidently makes a real difference — both to how the hearing is conducted and to the outcome.

How Ark Advocacy Can Help

Ark Advocacy attends disciplinary hearings, grievance hearings, and appeal hearings as companion and representative for employees across Scotland. We can be your companion at a formal hearing where your employer permits it, and we can prepare you to use that right as effectively as possible in every case.

We can help you:

confirm whether your right to be accompanied applies at your specific hearing
check your employer's own procedure for any extended right to accompaniment
put your request to be accompanied in writing clearly and formally
identify the most appropriate companion for your specific circumstances
brief your companion thoroughly on the allegations, the evidence, and the procedural concerns to raise
attend the hearing with you and actively represent your position
raise procedural failures at the hearing and ensure they are on the record
prepare for an appeal if the outcome of the hearing is not what it should be

You do not need to walk into a disciplinary or grievance hearing alone or unprepared.

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Is the right to be accompanied a legal right or just guidance?

It is a statutory legal right, established by section 10 of the Employment Relations Act 1999. It is not guidance that your employer can choose to follow or ignore — it is a legal entitlement. An employer who unreasonably refuses it has acted unlawfully.

Does the right apply to investigatory meetings?

Not as a statutory right. The statutory right applies to formal disciplinary and grievance hearings — not to investigatory or fact-finding meetings. However, your employer's own procedure may extend the right to investigatory meetings. Check your policy before attending any formal meeting.

Can I bring an independent workplace advocate as my companion?

Not as a matter of statutory right. The law limits your statutory companion to a work colleague or trade union representative. However, your employer may agree to a wider choice of companion, and some employers' policies explicitly allow independent advocates. Put the request in writing and ask. Many employers will agree — particularly if the alternative is a hearing on clearly unequal terms.

What can my companion actually do at the hearing?

Your companion can address the hearing on your behalf, present your case, respond to views expressed at the hearing, ask questions, confer with you during the meeting, and raise concerns about how the hearing is being conducted. They cannot answer questions directed to you, but they play a genuinely active role — not just a supportive one.

What if my companion cannot attend on the date proposed?

You have a statutory right to request that the hearing is postponed to an alternative date within five working days of the original date. Put the request in writing, confirm who your companion is and why they are unavailable, and propose a specific alternative date. Your employer should agree to a reasonable request.

My employer said bringing someone will "make things worse." Is that true?

No. Using your right to be accompanied is a normal and legally protected step. An employer who suggests that exercising a legal right will be viewed negatively is discouraging you from using a protection you are entitled to. Note this in writing as part of your record.

What if my employer refuses my request outright?

A refusal to allow accompaniment at a formal hearing is a serious procedural failure. Put your request in writing before the hearing, attend the hearing and raise the refusal formally at the start, and note the refusal and its consequences as part of your record. Seek independent advice immediately. The refusal is directly relevant to whether any subsequent outcome was procedurally fair.

Does the right apply from my first day of employment?

Yes. The right to be accompanied under the Employment Relations Act 1999 applies from the first day of employment. There is no qualifying period.

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

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

Your Right to Be Accompanied at Work Hearings in Scotland (2026)