You usually have a statutory right to a qualifying companion at a formal disciplinary or grievance hearing. An external ProHearings representative can attend only where the employer agrees, the policy or contract allows it, or a fact-specific adjustment or other legal right applies.
Under section 10 of the Employment Relations Act 1999, a worker who makes a reasonable request has the right to be accompanied at a formal disciplinary or grievance hearing by a qualifying companion. The companion must normally be a fellow worker, an employed trade union official, or a certified trade union representative.
If you make a reasonable request to be accompanied and your employer refuses, that is a breach of your statutory right. You can bring a separate complaint to an employment tribunal, and the employer may be ordered to pay compensation of up to two weeks' pay.
The statutory companion has specific rights during the hearing. They can address the hearing to put your case, respond to any views expressed at the hearing, and sum up your position. They can confer with you during the hearing. They cannot answer questions on your behalf, although you can confer with them before answering.
The statutory right is limited to the qualifying categories above. An employer may voluntarily allow someone else, a policy or contract may provide a wider right, and disability-related reasonable adjustments can require a fact-specific assessment. Permission for an external ProHearings representative must be confirmed before attendance is promised.
Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2009] EWCA Civ 789 concerned a particular contractual framework and career consequences. It does not create a general right to a solicitor or external representative at every disciplinary hearing. Any argument for wider representation must be based on the contract, policy, disability-related adjustment duties or the specific facts.
If your employer refuses to allow a ProHearings representative to attend, we can still prepare your written response, brief you on the process and strategy, and advise you on the key points to make during the hearing.
Whether or not we attend the hearing itself, ProHearings provides practical support that makes a real difference to the outcome. We review the employer's allegations and the evidence they are relying on. We identify weaknesses in their case and procedural failings in the process. We prepare a written response that addresses each allegation point by point, referencing the relevant evidence and any mitigating circumstances.
If the employer agrees to our attendance, we sit with you at the hearing, present your case, and help you handle the questions. If they do not, we prepare you thoroughly so you can present the response yourself, and we are available by phone during any adjournments.
Time is often tight. Employers typically give five working days' notice of a disciplinary hearing. As soon as you receive the invitation letter, check whether they have included the evidence they are relying on. Note the deadline for submitting your response and any documents. Contact ProHearings so we can review the allegations and begin preparing your response.
If you need more time, you can request a postponement. If you have not been given the evidence in advance, raise this as a preliminary point at the hearing or in writing before it takes place. If the employer is not following its own disciplinary policy, or is not following the ACAS Code, these are points that could be relevant to any subsequent tribunal claim.
The statutory right only covers trade union representatives and work colleagues. However, some employers will allow a family member, particularly if you are vulnerable or have a disability. There is no harm in asking, and a refusal should be given in writing.
The statutory right does not include solicitors. However, where the allegations are very serious (particularly gross misconduct that could end a career in a regulated profession), case law supports the argument that legal or specialist representation should be permitted. Your employer's own policy may also allow it.
If you do not attend without good reason, the employer may proceed in your absence and make a decision based on the evidence available. If you cannot attend, notify the employer as soon as possible and provide a reason. You can ask for a postponement or request that the hearing proceeds on the papers (your written response).
Yes, dismissal is one possible outcome, particularly for gross misconduct allegations. However, dismissal should only follow a fair process. If you are dismissed and believe the process or decision was unfair, you may have a claim for unfair dismissal at an employment tribunal (provided you have two years' qualifying service, or the dismissal is automatically unfair).
In most cases, yes. A well-prepared written response ensures your points are on record regardless of how the hearing goes. It demonstrates that you have engaged seriously with the allegations. If the case later goes to tribunal, it shows what your position was at the time. ProHearings can prepare this for you.