If an employee has been called to a disciplinary meeting, can he/she bring a tribunal representative or solicitor with them to this meeting?

Posted in : First Tuesday Q&A NI on 3 May 2016
Chris Fullerton
Arthur Cox NI
Issues covered:

Employees have a right to be accompanied at a disciplinary hearing by a trade union representative or a fellow worker. 

There is no general right under UK law for an employee to have a qualified legal representative at a disciplinary hearing, however, some employees (for example, NHS hospital doctors) may have a right under their contracts of employment (as was the case in Kulkarni v Milton Keynes Hospital Foundation NHS Trust [2009] IRLR 829 (CA). Employers should review the employee’s contract of employment to ensure they have no additional contractual rights as regards disciplinary proceedings. 

Further, if the employee is disabled it may be a reasonable adjustment to allow them

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Back to Q&A's This article is correct at 03/05/2016

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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