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> UK > what we do > HR & legal > employment law & employee relations services > the employment guide > faqs > managing the relationship > discipline > Do I have to tell an employee that she has the right to be accompanied to a disciplinary hearing or can I wait to see if she asks?

Do I have to tell an employee that she has the right to be accompanied to a disciplinary hearing or can I wait to see if she asks?

The Employment Relations Act 1999 gives all workers the right to be accompanied at a disciplinary or grievance hearing if they reasonably ask to be. There is thus no express legal obligation to tell the employee. A failure to tell the employee may, however and depending on the circumstances, be a factor leading an employment tribunal to find a subsequent dismissal unfair. Some company disciplinary procedures may require the employer to inform the employee of their right to be accompanied. It would, therefore, be advisable to inform the employee of her statutory right.

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.