• Home
• Our Services
• Projects
• News
• About Us
• Contact Us

Friend or foe?

There has been some recent Case Law on the right of employees to legal representation at disciplinary hearings/meetings. Currently these cases only have implications for the Public Sector and when the outcome could mean that an employee is unable to pursue their chosen profession or calling. With the Coalition Government reviewing employment legislation it seems unlikely that the review will give more rights of representation than those currently in existence. However with the spotlight on the topic it is timely to remind you what they are.

All workers, not just employees, should be offered the option to be accompanied at disciplinary meetings and hearings which could result in punitive action or penalties. In practice this means warnings, fines, demotion, disciplinary transfers, and dismissal. Also workers should be offered the option at grievance meetings or hearings involving the employer's duty to the worker. The choice of accompanying person is for the worker, but with the statutory requirement that they should be a work colleague or trade union official approved by the union. Although the accompanying person can address the hearing or meeting they shall not answer questions on behalf of the worker.

Workers do ask if they can be represented by a lawyer, the CAB or an employment consultant. Although each case should be considered on its own circumstances, MDN Fusion's general advice is that it could help the worker and the employer to be flexible on who the accompanying person is. The worker may have no previous experience of such a meeting while the employer may have conducted several; also these occasion can be charged with emotion. So the type of person that could help are a family member such as a parent if the worker is young, a spouse or partner, a close friend or carer. Because this is going beyond the statutory obligations employers can have a say in who attends. It is desirable that workers and employers resolve their problems within the employing organisation and it could unhelpfully raise the stakes and emotion if lawyers or outside experts attend. MDN Fusion can advise you on the conduct of disciplinary and grievance procedures.