Our policy does not permit a solicitor to attend a disciplinary hearing. Only a colleague or trade union representative may attend. Is this lawful?

Posted in : First Tuesday Q&A NI on 7 February 2017
Chris Fullerton
Arthur Cox

There is no general right under Northern Irish law for an employee to have a 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)).

Further, if the employee is disabled it may be a reasonable adjustment to allow them to be accompanied by someone other than a colleague or union representative. This companion could be a solicitor; however, employers should be cautious allowing this due to the

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

Back to Q&A's This article is correct at 07/02/2017
Disclaimer:

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

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

View all articles by Chris Fullerton