Important preliminary.

The Employment Act 2002 (Dispute Resolution) Regulations 2004 SI 2004/752 (with which this note is primarily concerned) have not worked well in practice. The government ordered a complete review at end 2006 and the 2002/2204 rules are completely scrapped and replaced by a semi-voluntary Code of Practice with effect from 6th April 2009 (subject to transitional provisions) - see notes at Disciplinary and Grievance Procedures - 2009 changes

With effect from 4th September 2000, a worker (as defined by Employment Relations Act 1999 s.13) has the legally enforceable right to be accompanied by a fellow worker or trade union representative of his choice at internal disciplinary procedure and grievance procedure hearings (Employment Relations Act 1999 s.10) .

Similarly an employee who exercises his right to make a request to his employer not to retire on the intended date of retirement is entitled to have a fellow worker accompany him at any meeting arranged to consider his request or at any subsequent appeal meeting (Employment Equality (Age) Regulations 2006, SI 2006/1031 - see Age Regs 2006 reg 47 and notes at Age discrimination/2006 regulations/retirement )

Dismissal of a worker for exercising these rights (whether he is the person being accompanied or is the companion) is automatically unfair dismissal (Employment Relations Act 1999 s.12, Age Regs 2006 sch 6 and see Unfair dismissal/automatically unfair dismissals generally).

An ACAS Code of Practice on Disciplinary and Grievance Procedures which came into effect on 4th September 2000 updated the previous (1998) Code mainly to take account of the new right to be accompanied at grievance and disciplinary hearings (see Disciplinary procedures/General and Code of Practice ). This 2000 Code has in its turn been replaced by the ACAS Code of Practice on Disciplinary and Grievance Procedures (CoP 1) 2004, effective 1st October 2004 (see notes ACAS/codes of practice and/or at Disciplinary procedures/General and Code of Practice ).

With effect from 1st October 2004, the rights of a worker's companion at a disciplinary hearing have been extended in several ways by Employment Relations Act 2004 s.37 (as to which see generally notes at Acts of Parliament etc/Employment Relations Act 2004 ).

A 2000/08/31 - ACAS Press Release sets out the general position.The relevant basic statutory provision is Employment Relations Act 1999 s.10. The following sections (11 to 15) flesh out some of the detail - these too came into force on 4th September 2000 (see ACTS OF PARLIAMENT etc/Employment Relations Act 1999/commencement dates ).

See also notes generally at Disciplinary procedures (especially Disciplinary procedures/General and Code of Practice ) and/or and Grievance procedures .