Employees in the United Kingdom possess a fundamental statutory right to be accompanied during disciplinary or grievance hearings, a provision designed to ensure fairness and provide support in potentially stressful workplace situations. This entitlement is enshrined in Section 10 of the Employment Relations Act 1999, which outlines the specific conditions under which an employee can request a companion and the roles that companion can fulfil.
The legislation specifies who can act as a companion: a fellow work colleague, a trade union representative, or an official employed by a trade union. This broad definition aims to offer employees a choice of support, recognising that different individuals may prefer different types of assistance. The companion's primary role is to present the employee's case, sum up their position, and confer with the employee during the hearing. However, it is crucial to note that the companion is not permitted to answer questions on the employee's behalf, ensuring the employee remains accountable for their own testimony.
Employers are also bound by certain obligations regarding this right. If an employee's chosen companion is unavailable at the scheduled time, the employer must postpone the hearing to a reasonable alternative date. ACAS (Advisory, Conciliation and Arbitration Service) guidance typically suggests that a postponement of up to five working days is considered reasonable. This flexibility is vital to ensure the employee can access their preferred support person without undue pressure or disadvantage.
The implications of an employer failing to uphold this statutory right can be significant. Should an employer refuse an employee's legitimate request to be accompanied, or unreasonably deny a postponement, the employee may be able to make a claim to an Employment Tribunal. If successful, the Tribunal can award compensation, typically up to two weeks' pay, for the breach of this right. This serves as an important safeguard for employees and a deterrent for employers who might otherwise disregard the legal provision.
The right to be accompanied is a cornerstone of fair process in UK workplaces, providing a crucial layer of protection for individuals navigating challenging disciplinary or grievance proceedings. It underscores the principle that employees should not face such situations alone and highlights the importance of adherence to established legal frameworks for workplace conduct.