What this means
Start with the exact decision in front of you.
A disciplinary hearing should give the employee a fair opportunity to respond before a decision. The right to a companion and any disability-related adjustments operate within employment procedure and do not confer representation rights in every regulator forum.
Immediate priorities
Organise the position before responding.
Check the hearing notice, evidence and possible outcomes
Request an eligible companion and needed adjustments promptly
Prepare concise questions and a document-referenced response
Detailed guidance
The procedure, evidence and possible route from here.
01
Check that the hearing notice permits a fair response
Read the invitation alongside the disciplinary policy and investigation report. It should identify the alleged misconduct or performance issue, the evidence to be considered, the hearing arrangements, the right to be accompanied and the possible outcomes. Measure preparation time from receipt of the usable material, not merely the date printed on the letter. If documents, witness accounts or the potential sanction are unclear, request the defined information or extra time needed and explain what work cannot fairly be completed without it.
Prepare a short opening position, an allegation-by-allegation schedule and references to the relevant pages. Decide which factual witnesses are genuinely necessary and give advance notice in accordance with the procedure. The employee should have an opportunity to answer the allegations, ask questions, present evidence and comment on witness information. The hearing manager should then consider the case rather than announcing a result immediately. Keep an accurate note of material rulings, concessions and any evidence introduced for the first time.
- Confirm the allegations, evidence and maximum outcome
- Ask early for a specific disclosure or timing remedy
- Prepare page-referenced points and focused questions
02
Use the statutory companion role accurately
At a qualifying disciplinary hearing, a worker who makes a reasonable request may choose a fellow worker, a certified trade-union representative or an employed trade-union official. The companion may put and sum up the worker's case, respond to views expressed and confer privately. The employer need not allow the companion to answer every factual question for the worker or prevent the employer from explaining its position. A lawyer, family member or professional-body representative is not automatically within the statutory categories, although a policy or adjustment may permit attendance.
If the chosen statutory companion cannot attend, section 10 of the Employment Relations Act 1999 provides for postponement to a reasonable alternative time proposed by the worker within five working days of the original date. Make the request quickly, name the companion and offer actual availability. A longer adjournment may still be reasonable on other facts, but it should not be presented as the same automatic statutory rule. Agree how documents, private conferences and note-taking will work if the meeting is remote or hybrid.
- Name an eligible companion and make a clear request
- Agree how the companion can confer during the hearing
- Offer a compliant alternative date if they are unavailable
03
Request adjustments that address the particular disadvantage
A disabled employee may need a change to the usual hearing arrangements under the Equality Act 2010. Describe the barrier and the practical adjustment sought, such as shorter sessions, breaks, accessible documents, communication support, a different format or another support person. Medical detail should be limited to what helps the employer understand the disadvantage and proposed solution. Ask for the decision in writing and explore another effective measure if the first option is considered unreasonable.
Do not assume that an employment accommodation creates the same entitlement before a professional regulator. Each regulator has its own procedural rules and equality duties, so a separate request may be needed with a different evidential basis. Likewise, workplace adjustments do not determine fitness to practise or prove that alleged conduct was caused by disability. At the hearing, keep the merits, the employee's participation needs and any health-related mitigation analytically distinct so each receives a reasoned decision.
- Explain the disadvantage and the adjustment requested
- Record the employer's response and any alternative offered
- Make a separate application in every external process
Key questions
Keep the analysis tied to this stage.
Whether notice and disclosure permit a fair response
What assistance the companion may provide
Whether the decision should be postponed for necessary steps
Advice is provided only by the regulated firm that accepts a matter.
Common questions
Clarifying the route without assuming the outcome.
Can my companion answer all questions for me at the hearing?
The statutory role allows the companion to present and sum up the case, respond to views and confer with you. The employer is not generally required to let the companion answer factual questions on your behalf.
Can a support worker attend even if they are not a colleague or union representative?
Possibly. The employer should consider whether their attendance is a reasonable adjustment for a disabled employee. Give enough information to explain the barrier and why that support would help.
Connected guidance
Continue through the topic map.
Use the hub for the full sequence or choose the connected route that matches the notice.
Official sources
Check the material for this question.
Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.