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Employers must follow a fair procedure before dismissing an employee. The ACAS Code of Practice on Disciplinary and Grievance Procedures requires a written investigation, a disciplinary meeting, the right to be accompanied, and the right to appeal.
Failure to follow the ACAS Code can result in an employment tribunal uplifting any award by up to 25%. Employees have the right to be accompanied by a trade union rep or work colleague at disciplinary and grievance hearings.
Key areas covered: disciplinary procedure, ACAS code, right to be accompanied, grievance, unfair dismissal, appeal. Verified against ACAS and GOV.UK.
You have a statutory right to be accompanied by a trade union representative or a work colleague — this applies from day one regardless of length of service, and your employer must reasonably accommodate this request.
Your companion can address the hearing, ask questions, and confer with you privately, but generally cannot answer questions on your behalf unless you specifically want them to speak for you.
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Our guidance covers many common situations, but complex or high-stakes cases need professional advice. For employment issues contact ACAS (free) or the Citizens Advice helpline on 0800 144 8848 (England). For urgent housing problems in England, Shelter can help on 0808 800 4444.
For Disciplinary & Grievance queries we direct you to official specialist sources with accurate, up-to-date guidance.
Need free advice? Citizens Advice — citizensadvice.org.uk or call 0800 144 8848 (free).
📖 Want the full picture? Read our guide: Unfair Dismissal
Who can I bring to a disciplinary hearing?
You have a statutory right to be accompanied by a trade union representative or a work colleague — this applies from day one regardless of length of service, and your employer must reasonably accommodate this request.
What can my companion actually do at the hearing?
Your companion can address the hearing, ask questions, and confer with you privately, but generally cannot answer questions on your behalf unless you specifically want them to speak for you.
What if my chosen companion isn't available on the scheduled date?
You can reasonably request the hearing be rescheduled to a time within 5 working days when your companion is available, and your employer should accommodate this where practical.
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Further reading: our blog explains what a final written warning means and how to appeal one.
Directed and published by Matt Thompson, founder of UK Work Rights. Guidance checked against GOV.UK, ACAS and legislation.gov.uk. This is general rights guidance, not legal advice.
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