Decide if a worker's request to be accompanied at a disciplinary hearing is reasonable
Key points
Workers are entitled to be accompanied at any formal disciplinary hearing by either a fellow worker or a trade union representative of their choice where they reasonably request to be accompanied, and the chosen companion meets the criteria set out in the legislation.
The Employment Appeal Tribunal has held that there is no necessity for the choice of companion to be reasonable - it is the request to be accompanied itself that must be reasonable. There is, however, no guidance in the legislation about what will and will not be a reasonable request.
What is clear is that employers should not veto workers' choice of companion.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.