Right to Be Accompanied at Redundancy Meetings in the UK

When you’re navigating redundancies, getting the process right matters. It’s not just about ticking legal boxes - it’s about treating people fairly and protecting your business from disputes.

One question we hear a lot is whether employees have a legal “right to be accompanied” to redundancy meetings. The answer isn’t always straightforward, and the stakes are high if you get it wrong.

In this guide, we break down how the right to be accompanied works under UK law, when it applies to redundancy situations, and the practical steps you can take to run a fair, defensible process.

What Does The “Right To Be Accompanied” Mean?

The statutory “right to be accompanied” comes from the Employment Relations Act 1999. In short, employees have the right to be accompanied at certain formal meetings - specifically, disciplinary hearings and grievance hearings. The companion can be a trade union official (certified or employed by a union) or a fellow worker.

At these meetings, the companion can address the hearing, put and sum up the employee’s case, respond to views expressed, and confer with the employee. They can’t answer questions on the employee’s behalf or obstruct the process.

This right is reinforced by the ACAS Code of Practice on Disciplinary and Grievance Procedures, which employment tribunals take into account when deciding whether a dismissal was fair. If your meeting is a disciplinary or grievance hearing, you must allow a suitable companion, and you should handle reasonable requests to postpone if the companion is unavailable.

It’s also worth noting that the right to be accompanied may arise under other specific statutes (for example, certain flexible working meetings), and a wider duty to make reasonable adjustments under the Equality Act 2010 may mean allowing a supporter for a disabled employee even where there’s no strict statutory right.

For comparison with disciplinary situations (where accompaniment clearly applies), many businesses follow a similar step-by-step approach to workplace investigations to ensure fairness and consistency.

Does The Right To Be Accompanied Apply To Redundancy Meetings?

Here’s the key point for employers: redundancy consultation meetings are not classified as disciplinary or grievance hearings. That means the statutory right to be accompanied does not automatically apply to individual redundancy consultation meetings.

However, that’s not the end of the story.

• Collective consultation: If you’re proposing 20 or more redundancies at one establishment within 90 days, you have a legal duty to collectively consult with employee representatives or a recognised trade union under the Trade Union and Labour Relations (Consolidation) Act 1992. In those cases, accompaniment/representation is built into the framework via elected representatives.
• Contractual or policy rights: Your contracts, policies, or past practice might grant a right to be accompanied at redundancy meetings. If your Staff Handbook promises this, you’ll need to honour it consistently.
• Equality considerations: Allowing a companion can be a reasonable adjustment for a disabled employee under the Equality Act 2010 - for example, where someone needs support to understand the process or manage anxiety.
• Appeals and grievances: If an employee raises a grievance about the redundancy process (or about selection criteria, for example), a grievance hearing would trigger the statutory right to be accompanied.

ACAS guidance also encourages employers to permit accompaniment at redundancy meetings as good practice. Even if not strictly required, doing so often improves trust, aids communication, and reduces the risk of claims that the process was procedurally unfair.

When redundancies follow business closure or restructure, there are separate legal steps to manage. For context on broader obligations, see our guide on employee rights when a company closes and how to plan the legal side carefully from day one.

When Should You Allow A Companion In Redundancy Processes?

As an employer, you want a process that is fair, transparent and hard to challenge later. Allowing a companion at key stages can help you get there.

Recommended Points To Allow A Companion

• Consultation meetings: While not a statutory requirement for individual consultation, it’s good practice to allow a trade union official or colleague to attend if requested.
• Selection scoring discussions: If you’ll be exploring how criteria were applied, having a companion can reassure the employee and keep the conversation constructive.
• Outcome meetings: At the point you’re confirming dismissal by reason of redundancy, accompaniment helps demonstrate procedural fairness and gives the employee support.
• Appeal or grievance meetings: If the employee appeals the redundancy or raises a grievance about the process, the statutory right to be accompanied will generally apply in that grievance hearing.

Who Can The Companion Be?

Stick to the usual categories to keep things manageable and consistent:

• A certified or employed trade union official; or
• A fellow worker employed by your organisation.

You can widen this at your discretion (for example, allowing a family member or support worker as a reasonable adjustment), but be clear in your invitation letter and policy. If you do widen it, apply the approach consistently to avoid unfairness.

What Can The Companion Do?

Set expectations in writing before the meeting:

• They may address the meeting, put the employee’s case, confer privately, and respond to views expressed.
• They should not answer questions on the employee’s behalf or prevent you putting your questions.
• They must respect confidentiality and your data protection rules.

Handling Postponement Requests

For disciplinary or grievance hearings, if the chosen companion is unavailable on the proposed date, employees can suggest a reasonable alternative within five working days. For redundancy consultations (where the statutory right doesn’t strictly apply), mirror this approach as good practice. It shows reasonableness and avoids technical arguments later about rushed or unfair procedure.

Equality And Adjustments

Be alert to additional support needs. Reasonable adjustments may include allowing an external support person, providing questions in advance, shorter meetings with breaks, or remote attendance. Document your reasoning - it’s evidence of fair treatment.

How To Run Redundancy Meetings Fairly (Step-By-Step)

Here’s a practical structure you can adapt. The goal is a fair consultation, a clear paper trail, and minimal surprises.

1) Plan Your Business Rationale And Selection Pool

Before you speak to anyone, be clear on the genuine redundancy rationale (for example, diminished need for certain work, site closure, or restructure). Identify the selection pool and objective criteria. Keep a written record of your business case and the alternatives you considered to avoid redundancies.

2) Provide A Written Invitation

For each consultation meeting, send an invitation letter explaining:

• That the employee is at risk of redundancy and the reasons why.
• The selection pool and proposed criteria.
• That you are consulting and genuine alternatives are welcome.
• That they may bring a companion (union official or colleague), even though not strictly required, as a matter of good practice.
• Any ground rules (confidentiality, no recording without consent, meeting length).

Your letter should also explain how personal data will be handled and whether a note taker will attend. If you permit recording, be mindful of UK privacy rules – our guide on recording conversations outlines the risks and how to manage consent.

3) Hold A Genuine Consultation

Consultation isn’t box-ticking. In the meeting:

• Explain the business case and how you propose to implement changes.
• Discuss selection criteria and scoring (if already applied) and be ready to revisit scores.
• Invite suggestions for alternatives to redundancy (redeployment, retraining, reduced hours, job share, natural attrition).
• Record the employee’s views and any challenges to the proposed approach.

If the employee or their companion proposes a viable alternative, actively consider it and follow up in writing. Keep meetings focused but respectful.

4) Explore Suitable Alternative Employment

Offer suitable alternative roles where possible and keep a log of vacancies explored (and why they were or were not suitable). Failing to consider alternatives can make a dismissal unfair, even if the redundancy rationale is sound.

5) Confirm The Outcome In Writing

If dismissal is the outcome:

• Issue a clear letter confirming dismissal by reason of redundancy, with notice and termination date.
• Set out statutory redundancy pay (if applicable) and any enhanced package, holiday pay, and other sums due.
• Explain the right of appeal and how to raise any grievance about process or scoring.

Many employers choose to combine a termination meeting with accompaniment, mirroring the disciplinary/grievance model for fairness. For a broader checklist beyond accompaniment (notice, pay, documents, handover), see our guide to ending an employment contract fairly.

6) Run Any Appeal Or Grievance Meeting

If the employee appeals, treat it as a genuine rehearing or review by someone not previously involved. If they raise a grievance about the process, that hearing will trigger the statutory right to be accompanied. Keep a full record of the employee’s points, your consideration, and the decision.

7) Keep A Clean Paper Trail

Tribunals decide fairness by looking at your process and evidence. Keep:

• Business case documents and board/management notes.
• Consultation letters, emails, and meeting notes.
• Selection criteria, scoring matrices, and rationale for scores.
• Alternative roles considered and outcomes.
• Outcome, appeal, and grievance correspondence.

Documentation is often the difference between a defendable decision and an expensive dispute. To avoid common pitfalls, it’s worth reading why employers lose employment tribunals - and how to steer clear of those mistakes.

Documents And Policies To Support A Lawful Redundancy

Strong documents give you consistency and clarity when it matters. Consider the following.

Employment Contracts

Make sure each Employment Contract sets out notice, garden leave, PILON (payment in lieu of notice), mobility clauses, and any enhanced redundancy terms. Check whether your contracts or collective agreements create a contractual right to be accompanied - if so, you must follow it.

Staff Handbook And Policies

A clear Staff Handbook should cover redundancy, accompaniment, equality adjustments, and meeting conduct (including recording rules). Align your redundancy policy with the ACAS principles of consultation and fairness.

Redundancy Letters And Templates

Use consistent templates for at-risk letters, consultation invitations, scoring summaries, outcome letters, and appeals. This reduces errors and ensures employees receive the same information at the right time.

Settlement Agreements

In some cases, you may explore an agreed exit on enhanced terms using a settlement agreement. These need to be carefully structured and compliant. They can reduce risk where there are selection disputes, overlapping performance issues, or potential discrimination allegations.

Data Protection And Confidentiality

Handle personal data lawfully under the UK GDPR and Data Protection Act 2018. Limit circulation of scoring matrices and notes to those who need to know, and be transparent about meeting notes and retention. If anyone asks to record meetings, decide your approach in advance and apply it consistently; where consent is given, manage the recording as personal data.

Redundancy Pay And Terminology

Be precise in your letters about statutory redundancy pay versus any enhanced sum. The difference between severance and redundancy can cause confusion - this explainer on severance vs redundancy will help you use the right terms and avoid misunderstandings.

When To Get Expert Help

If you’re dealing with a site closure, large-scale restructure, or complex selection criteria, it’s worth getting tailored redundancy advice before you start consultation. Small procedural choices - such as accompaniment rules, the shape of your selection pool, or how you evidence the business rationale - can make a big difference to risk.

Frequently Asked Questions For Employers

Do We Have To Allow A Companion At Every Redundancy Meeting?

No, not as a matter of statute for individual consultation. But allowing a companion on request is widely regarded as best practice and can reduce the risk of unfair dismissal claims based on process.

Can The Companion Be A Lawyer Or Family Member?

Not under the strict statutory categories. However, you can widen your discretion (for example, allowing a support worker as a reasonable adjustment). If you do, be consistent and set ground rules.

What If The Companion Is Unavailable On The Proposed Date?

For disciplinary/grievance hearings, employees can suggest a reasonable alternative within five working days. Redundancy consultation isn’t covered by that statute, but mirroring it is a good way to show reasonableness.

Should We Permit Meeting Recordings?

There’s no obligation to allow recordings. If you prohibit recording, say so clearly and provide accurate minutes promptly. If you allow it, obtain consent from participants and manage the recording under your data protection policy - our guide on recording conversations covers the key issues.

How Do We Reduce Legal Risk Overall?

Run a genuine consultation, keep objective, measurable selection criteria, consider alternatives to redundancy, allow reasonable accompaniment, and document every step. If you’re navigating closure or complex reorganisations, plan the process alongside legal input to avoid avoidable claims.

Key Takeaways

• The statutory “right to be accompanied” applies to disciplinary and grievance hearings - not automatically to individual redundancy consultation meetings.
• Even where it’s not a strict legal requirement, allowing a companion at redundancy meetings is good practice and often reduces risk.
• Collective consultation has separate rules via employee representatives; check thresholds and timing if you’re proposing 20+ redundancies at one site.
• Be consistent with your contracts and policies - if your Staff Handbook or Employment Contract grants accompaniment rights, you must honour them.
• Plan a fair process: clear business rationale, objective selection, genuine consultation, alternatives explored, and a clear paper trail.
• Manage privacy: set rules on companions’ role, confidentiality, and recordings, and handle all data under UK GDPR.
• If you’re facing a complex restructure, closure or sensitive selection disputes, get early redundancy advice to keep the process fair and defensible.

If you’d like help planning a fair redundancy process - including policies on accompaniment, letters and templates, or hands-on advice during consultation - you can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.