The answer is, sometimes yes, sometimes no. The law sets out clear rules, but there are also many situations where it’s simply good practice to allow it, even if not strictly required. Here’s a quick guide.
The Legal Right
Employees (and workers) have a statutory right to be accompanied at:
- Disciplinary hearings where the outcome could be a warning, demotion, or dismissal.
- Grievance hearings where they’ve raised a complaint about how they’re treated at work.
This right comes from the Employment Relations Act 1999
They can choose either:
- a trade union rep, or
- a fellow worker.
Sometimes staff ask if they can bring a friend or relative instead. Legally, that’s not covered. However, if the employee is vulnerable, has a disability, or there are language/cultural barriers, letting them bring a trusted person can be seen as a reasonable adjustment. In fact, a tribunal in Crew & Mason v Three Milestone Education (2023) ruled that an employee should have been allowed to bring their mother for support.
Flexible Working Requests
There’s no legal right here, but the Acas Code says it’s good practice. Allowing a companion can make the process feel fairer and help everyone reach a positive outcome.
Redundancy Consultations
Here’s where many employers get caught out. There is no automatic right to a companion in redundancy consultation meetings. Case law confirms this.
But, I often advise clients to allow it anyway, especially for the final meeting that may confirm a dismissal. Why? Because it shows fairness, reasonableness, and helps protect you if the decision is later challenged.
Other Situations
Sometimes, extending the right just makes sense. For example:
- Probation reviews
- Welfare meetings
- Investigations
It can be especially important for vulnerable staff (e.g. young employees, those with language barriers, or staff with disabilities).
✅ Quick Checklist: Before You Refuse a Companion
1. Is this meeting covered by law?
Disciplinary or grievance hearings → legal right applies.
2. Could allowing a companion help fairness?
Redundancy, probation, welfare, or flexible working meetings.
3. Is the employee vulnerable or disadvantaged?
Disability, mental health, language barriers, or inexperience.
👉 If the answer is yes to 2 or 3, it’s usually safer and more reasonable to say yes.
Takeaway for Employers
The legal right is limited but the smart approach is often to be flexible.
Allowing a companion can:
- ✔ Support a fair process
- ✔ Reduce legal risk
- ✔ Help employees feel heard and respected
Yes, it might make meetings a little longer, but it often saves problems down the line.
💡 Key Takeaway
If you’re unsure whether to allow a companion at a meeting, get advice first. Every situation is different, and the right call depends on the context.
