A worker (as defined) 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). This has been the case since 4th September 2000 (Employment Relations Act 1999 (Commencement No. 7 and Transitional Provisions) Order 2000, SI 2000/2242).

Similarly a worker who exercises his statutory right to make a request to his employer not to be retired on grounds of age (a right which will be phased out between April and October 2011) is entitled to have a fellow worker accompany him at any meeting arranged to consider his request or at any subsequent appeal meeting (see notes at Age discrimination/2006 regulations/retirement ).

The worker's companion does not have the right to answer questions on behalf of the worker but does have the right to put the worker's case, to sum up that case and to respond on the worker's behalf to any view expressed at the hearing.

Dismissal of a worker for exercising these rights (whether the person being accompanied or the companion) is automatically unfair dismissal (see notes at Unfair dismissal/automatically unfair dismissals/a general note ).

The Acas Code of Practice dealing with disciplinary and grievance procedures, effective from 6th April 2009, includes provisions concerning the right of a worker to have a companion at a disciplinary and/or grievance meeting (see notes at Disciplinary and Grievance Procedures - 2009 changes/ACAS Code of Practice ).

See also notes at Disciplinary and Grievance Procedures - 2009 changes/a general note and/or Disciplinary and Grievance Procedures - 2009 changes/transitional provisions