Our policy does not permit a solicitor to attend a disciplinary meeting - only a colleague or trade union representative may attend. Is this lawful?Posted in : First Tuesday Q&A NI on 3 October 2017
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. 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 to be
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