A Right That Applies in Every Workplace
The Employment Relations Act 1999 grants workers the statutory right to be accompanied at formal disciplinary and grievance hearings. This right applies regardless of the size of the employer, the nature of the workplace, or the length of the employee's service. It applies, in other words, to the household employer just as it applies to a large corporation.
For private individuals employing a personal assistant, this can come as a genuine surprise. The domestic setting — the fact that meetings take place in a home rather than a boardroom, that the relationship is often close and informal — can create an impression that formal employment procedures do not fully apply. They do. Ignoring or dismissing a PA's request for accompaniment is not merely unhelpful; it may render the entire process procedurally flawed and expose you to significant risk at an employment tribunal.
Who Qualifies as a Companion?
The 1999 Act specifies who may accompany a worker to a formal hearing. The companion must be one of the following:
- A trade union representative who is certified or reasonably considered to be competent to act in that capacity
- A trade union official (an officer of the union or a branch official)
- A fellow worker — that is, another employee of the same employer
It is important to note that the legislation does not extend the statutory right to include friends, family members, solicitors, or other personal advisers. A PA who wishes to bring their partner, a parent, or a private legal representative is not entitled to do so under the statutory right, and you are not obliged to permit it.
However, you may choose to allow a broader range of companions as a matter of good practice — and in some circumstances, doing so may be advisable. Where a PA has a disability, for example, refusing to allow a support worker or carer to attend could give rise to a disability discrimination claim. Similarly, where the employee has limited English and requires interpretation assistance, some flexibility may be appropriate. If you are uncertain, taking advice from an employment law specialist before the meeting is always a sound approach.
What About McKenzie Friends and Personal Advocates?
The term "McKenzie friend" originates in legal proceedings rather than employment law, referring to an unrepresented party's right to have a lay adviser present in court. Some PAs — particularly those who are self-advocates or who have disabilities — may use the term loosely to describe anyone they wish to bring as a support person.
In the employment context, there is no statutory right to a McKenzie-style friend at a disciplinary or grievance hearing. That said, ACAS guidance encourages employers to be reasonable, and dismissing a vulnerable employee's request for support without consideration could reflect poorly in any subsequent tribunal proceedings. The key question is whether the proposed companion falls within the statutory definition. If they do not, you are entitled to decline — but you should do so clearly, in writing, and offer the employee the opportunity to bring a qualifying companion instead.
The Employer's Obligations in Practice
Once a PA makes a valid request for accompaniment, you have specific obligations. You must:
Permit the companion to attend: You cannot proceed with the meeting over the employee's objection if a valid request has been made and the proposed companion qualifies under the Act.
Allow the companion to participate meaningfully: The companion has the right to address the hearing, present the worker's case, and confer with them during the proceedings. However, they do not have the right to answer questions on the worker's behalf or to prevent you from putting questions to the employee directly.
Postpone if the companion is unavailable: If the companion cannot attend on the proposed date, the employee has the right to request a postponement of up to five working days. You must accommodate this request. You are not required to postpone beyond that period, but you should ensure the rescheduled date is communicated promptly and in writing.
Failing to observe any of these requirements can constitute a breach of the statutory right, which is enforceable at an employment tribunal. The compensatory award for breach is capped at two weeks' pay, but the greater risk is that procedural failings undermine the validity of any disciplinary outcome — potentially converting a defensible dismissal into an unfair one.
Responding Professionally When a Request Is Made
The first time a PA requests to be accompanied, it is natural to feel unsettled. The presence of a third party — particularly a trade union representative — can feel adversarial in a setting as personal as a private home. It is important, however, to separate that emotional response from the professional obligation.
Acknowledge the request promptly and in writing. Confirm that you are happy to accommodate it (assuming the proposed companion qualifies), and provide the date, time, and location of the meeting in the same correspondence. This creates a clear paper trail and demonstrates that you are conducting the process in good faith.
If you have any doubt about whether the proposed companion qualifies, seek advice before responding. Do not simply refuse without explanation, as this risks both a procedural challenge and a breakdown in the working relationship.
Preparation Is Your Best Protection
The most common reason household employers make procedural errors in disciplinary or grievance situations is that they have never encountered these processes before and are operating without guidance. Unlike HR departments in larger organisations, private employers have no internal resource to draw on when a situation escalates.
Investing time now — before any formal process becomes necessary — in understanding your obligations under the Employment Relations Act 1999 and the ACAS Code of Practice on Disciplinary and Grievance Procedures will place you in a far stronger position if difficulties arise. The ACAS Code is not legally binding, but employment tribunals take it into account when assessing whether an employer has acted reasonably. Familiarity with its principles is, in practical terms, as important as knowledge of the statute itself.
A PA who exercises their right to be accompanied is not being confrontational. They are, in most cases, simply seeking reassurance in a situation they find stressful. Responding professionally and lawfully to that request is not a concession — it is a mark of a well-managed household.
