Understanding the Role of a Companion in Workplace Hearings: Investigation vs. Grievance and Disciplinary Processes

Employees facing internal workplace processes such as investigations, grievance hearings, or disciplinary hearings are often entitled to bring someone with them for support. However, confusion is common—both among employees and employers—about what that companion can and cannot do. Misunderstandings about this role can lead to unfair restrictions or flawed processes, particularly where language or communication barriers exist.

In this article, we break down the role of a companion across different types of workplace meetings and explain how reasonable accommodations may expand that role further.

Investigation Meetings: A Limited Role

In an investigation meeting, the purpose is to gather factual information. It's usually an early-stage, fact-finding step in a broader process. There is no automatic right to be accompanied at this stage unless the employer's own policy allows it or there are exceptional circumstances, such as a disability or language barrier.

If a companion is allowed, their role is typically supportive or observational—they are there to help the employee feel comfortable, take notes, or ask for clarification, but not to speak on the employee's behalf. This is because the focus is on understanding the employee's own account.

Grievance and Disciplinary Hearings: A Right to Representation

Unlike investigation meetings, employees have a statutory right to be accompanied during grievance and disciplinary hearings. The chosen companion may be a work colleague or trade union representative.

Here, the companion plays a more active and advocacy-based role. They are entitled to:

• Speak on the employee's behalf
• Ask questions or seek clarification
• Summarise the employee's case
• Confer privately with the employee during the hearing

They are not allowed to answer questions on behalf of the employee or disrupt the process, but the idea that they may only speak when invited by the employer is incorrect. Overly restricting their involvement defeats the purpose of accompaniment, which is to support fairness and balance.

Common Employer Mistakes: Mislabeling and Over-Restricting

One frequent error by employers is to describe the companion as a "witness." This is incorrect. A companion is not there to provide evidence about the events under review but to assist the employee in navigating the process. Confusing these roles can lead to procedural errors—for example, excluding a companion from a grievance hearing because they "can't be a witness and a supporter," which is simply a misunderstanding of the process.

Another issue is employers limiting the companion's involvement—especially by saying they can only speak if given permission. While meetings must be managed respectfully, companions do have the right to speak and assist, particularly in formal grievance and disciplinary settings.

When Language or Communication Barriers Exist

In cases where the employee has a language barrier, disability, or communication difficulty, the companion's role may extend beyond typical parameters. In these situations, accompaniment may qualify as a reasonable accommodation under equality and disability laws.

For example, a companion might help the employee understand questions, clarify misunderstandings, or assist in expressing their responses. Employers who rigidly restrict a companion's involvement in such cases risk violating equality legislation and may open themselves to claims of discrimination or failure to accommodate.

Why This Matters

When the role of a companion is misunderstood or wrongly restricted, the entire process can be undermined. It may lead to:

• Unfair outcomes
• Flawed procedures
• Grounds for legal challenge, especially where discrimination or lack of fair process is claimed

Employees should understand their rights, and employers should be cautious not to impose blanket limitations on companions—particularly where communication barriers or vulnerabilities are present.

Need Support?

At WorkplaceDisputes.ie, we guide employees through internal grievance, investigation, and disciplinary processes—ensuring their rights are upheld and fair procedures are followed. If you're unsure about your right to be accompanied or believe your employer is restricting support unfairly, contact us for a free 30-minute consultation.