Labour Research November 2019

Law Queries

Right to be accompanied


Q. Our job roles are changing and we’ve been called into individual meetings. Am I allowed to have a trade union representative with me?

A. The right to be accompanied only applies where a worker is “required or invited by his or her employer to attend a disciplinary or grievance hearing” (section 10 of the Employment Relations Act 1999). A meeting to discuss job roles does not qualify (not even if there is a potential redundancy situation), so you don’t have a legal right to a representative or workplace companion.

There is nothing to stop you asking, though. Employers will often agree to go beyond the statutory rights in such situations, and it’s a good idea to get your union rep involved.