Key takeaways
- The Acas guide advises employers to consider an interpreter or facilitator where there are understanding or language difficulties in disciplinary meetings.
- Under the Acas Code of Practice, employment tribunals can adjust awards by up to 25% for an unreasonable failure to follow the Code.
- The statutory companion (a colleague or trade union representative) is a different role from the interpreter.
- A professional interpreter is impartial; a colleague, manager or relative may not be, and may later be a witness.
- Invitation letters, evidence and outcome letters may also need translating so the employee understands the case against them.
Workplace investigations and disciplinary hearings only work if everyone understands the allegations, the evidence and the questions. When an employee or witness has limited English, an interpreter is often the difference between a fair process and one that can be challenged.
This guide is for HR professionals, investigating officers and line managers, and it follows Acas guidance for England, Scotland and Wales. In Northern Ireland, the Labour Relations Agency publishes its own Code of Practice on disciplinary and grievance procedures, so check that code there. The article covers when to use an interpreter, how the role differs from a companion, and how to run an interpreted meeting. For an overview of interpreting formats, see our guide to types of interpreting.
Do employers have to provide an interpreter for a disciplinary hearing?
No statute names interpreters for disciplinary hearings, but Acas guidance recommends considering one, and a fair procedure requires the employee to understand the case. The Acas Code says employers should "inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made".
The Acas guide Discipline and grievances at work is more specific. Among the steps to prepare for a disciplinary meeting, it advises employers to:
"consider the provision of an interpreter or facilitator if there are understanding or language difficulties (perhaps a friend of the employee, or a co-employee). This person may need to attend in addition to the companion though ideally one person should carry out both roles"
For grievance meetings, the same guide suggests employers "consider arranging for an interpreter where the employee has difficulty speaking English". The stakes are real: under the Acas Code of Practice, "Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with any provision of the Code."
How many employees might need an interpreter?
Language barriers are common in UK workplaces, especially in logistics, manufacturing, care and hospitality. According to the ONS Census 2021 language bulletin, 880,000 usual residents of England and Wales "could not speak English well" and 161,000 "could not speak English at all".
Many more people speak English well enough for daily work but not for a formal hearing about misconduct, with legal terms and serious consequences. Ask the employee what they prefer, in writing and in their own language if necessary, rather than assuming everyday fluency is enough.
Is an interpreter the same as the employee's companion?
No. The companion supports the employee; the interpreter conveys what everyone says and supports no one. The Acas guidance on disciplinary hearings lists who the employee can bring as a companion: "someone they work with", a certified workplace trade union representative, or "an official employed by a trade union".
| Role | Purpose | Who it can be | Neutral? |
|---|---|---|---|
| Companion | Supports the employee, can put their case and confer with them | A colleague or trade union representative or official (statutory right) | No, acts for the employee |
| Informal interpreter | Helps the employee understand | A friend or co-worker, as the Acas guide allows | Not necessarily |
| Professional interpreter | Conveys everything said, in both directions, accurately | An independent qualified interpreter booked by the employer | Yes, bound by a professional code |
Acas notes that combining roles is possible, but in serious cases a separate professional interpreter avoids disputes about what was actually said. For investigation meetings, Acas states that "there is no legal right to be accompanied. But it's good practice for employers to allow it", according to its guidance on holding investigation meetings.
Why use a professional interpreter rather than a colleague?
A professional interpreter is impartial, trained to render everything said, and bound by confidentiality. A colleague may know the people involved, may be a witness, and may soften or summarise difficult questions.
The NRPSI Code of Professional Conduct requires registered interpreters to "interpret truly and faithfully what is uttered, without adding, omitting or changing anything" and to "act impartially". It also requires them to "disclose any potential conflict of interest". These duties matter if the meeting notes are later read by an appeal panel or an employment tribunal.
Language skill is not the only issue. Interpreting in a hearing means rendering questions about dates, procedures and evidence precisely, which is a different skill from chatting in two languages. Our article on why a professional interpreter is better than a bilingual person explains the difference.
How to run an interpreted investigation or disciplinary meeting: step by step
- Identify the need early. Ask the employee and any witnesses about language needs when you send the first letter.
- Translate the key documents. The invitation letter, allegations and evidence the employee must respond to may need translating, or sight translation by the interpreter at the meeting.
- Book an independent interpreter. Choose someone with no connection to the workplace or the people involved, and confirm the language and dialect. If the employee works at another site, video interpreting can work for shorter meetings.
- Brief the interpreter. Share the nature of the case, the procedure, names, site terms and any workplace jargon in advance; see how to brief an interpreter.
- Allow more time. Consecutive interpreting roughly doubles speaking time, so book a longer slot and plan breaks.
- Open the meeting clearly. Introduce the interpreter, explain their neutral role, and confirm the employee understands them.
- Keep accurate notes. Record that an interpreter was present, their name, and any points where clarification was needed.
- Communicate the outcome in a language the employee understands. Consider translating the outcome letter and the right of appeal.
What happens if the case goes to an employment tribunal?
If a dispute reaches an employment tribunal, interpreting at the hearing itself is arranged through the tribunal. GOV.UK states that for some tribunals "you'll need to ask for an interpreter when you fill in your appeal form", or you can contact the local tribunal office before the hearing, according to its guide to getting an interpreter at a court or tribunal.
The tribunal will look at whether the internal process was fair. Notes showing that the employee had an interpreter, understood the allegations and could respond are useful evidence. Our article on court and tribunal interpreters in the UK explains how interpreting works in formal proceedings.
Common mistakes when using interpreters in HR processes
- Using the employee's line manager or a team-mate as interpreter. They may be a witness or have a stake in the outcome.
- Using a family member for a formal hearing. The Acas guide allows a friend to help, but in serious cases neutrality and confidentiality are harder to show.
- Interpreting the meeting but not the documents. An employee cannot respond to evidence they cannot read.
- Asking the interpreter to explain the policy or advise the employee. Explanations should come from HR, and the interpreter should render them.
- Not recording the interpreter's presence. If the process is challenged, the notes need to show how communication was handled.
- Forgetting language needs at the policy stage. Acas says rules should be understood by employees "whose English or reading ability is limited". Translated policies help; see translating employee handbooks and HR policies.
How TranslationWorks can help
TranslationWorks is a UK-based language services agency that provides professional interpreting and translation for HR teams, with native-speaking linguists in more than 150 languages. TranslationWorks is certified to ISO 17100, the international standard for translation services. For an investigation, disciplinary or grievance meeting, tell us the language, date, format (in person or by video) and the nature of the meeting, and we will propose an independent interpreter in a free quote within 24 hours. We can also translate invitation letters, evidence and outcome letters through our translation services. TranslationWorks is ISO 27001 registered and Cyber Essentials certified, which supports confidential handling of sensitive employee information. See our interpreting services or request a free quote for an HR interpreter.
