Legal Representation at Disciplinary Proceedings

Posted in : How do I handle it NI on 18 January 2011
Patricia Rooney
Issues covered:

I am a HR manager working within a Department of the Civil Service. One of our junior employees has been accused of theft. He has been invited to a disciplinary hearing and wants to bring his solicitor. How do I handle it?

Patricia Rooney writes:

I suggest that you consider the employee’s contractual rights.

Does the right, to legal representation at disciplinary proceedings, exist in the employee’s contract of employment? If so, of course legal representation must be permitted to avoid allegations of breach of contract or possible unfair dismissal. It is rare for an employer to provide a contractual right which entitles an employee to have a lawyer present at internal employment proceedings.

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Patricia Rooney

The main content of this article was provided by Patricia Rooney. Contact telephone number is 028 9055 3300 or email

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