The right to be accompanied: two developments employers should know about
What is it?
Sections 10 to 15 of the Employment Relations Act 1999 give employees and workers the right to be accompanied at a disciplinary hearing that could result in a warning, or in action such as demotion or dismissal, at an appeal confirming that outcome, and at a grievance hearing. The companion must be a fellow worker, a trade union representative, or a trade union official certified as competent to act. If the companion cannot make the date, the worker can propose an alternative time within five working days of the day you proposed.
Two things have moved this year:
In Wolfe v Taka Mayfair Ltd [2026] EAT 106, the Employment Appeal Tribunal confirmed the right is not automatic. It arises only where the worker reasonably requests a companion. Mr Wolfe, a head sommelier, was called into a meeting at the end of his shift with no notice of its purpose and was dismissed. He never asked for a companion, so the right was never engaged. The EAT was clear that if this leaves a gap, closing it is a matter for Parliament.
Then on 30 July 2026 Acas opened a consultation on a redrafted Code of Practice on disciplinary and grievance procedures, the first full revision since 2009. It closes at 11.59pm on 23 September 2026. The draft encourages employers to consider companions beyond the statutory categories, supports postponing longer than five working days where that helps resolve things, and for the first time addresses reasonable adjustments, giving the examples of a support worker who understands the person's disability, or an interpreter.
What does it mean for you?
Wolfe is not permission to hold surprise meetings. Good practice, and the Code, still expect you to write to people in advance, explain what the meeting is about, and remind them they can bring a companion. Doing that removes the argument entirely.
It is also worth reading the draft Code now. It signals a clear shift towards resolving concerns informally and early, and away from defaulting to a formal process.
If you want to shape the final version, responses are open until 23 September.
How Lansbury HR can help.
We can review your invite letters and templates, sit alongside you in hearings, train your managers on handling companions and adjustment requests, and help you respond to the Acas consultation before it closes. Get in touch with the team at Lansbury HR.
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