Do you allow lawyers to internal disciplinary hearings?

In R (on the application of G) v Governors of X School and Y City Council [2010] EWCA 1CA, the Court of Appeal held that a teacher, who was summarily dismissed for inappropriate behaviour with a pupil, should have been allowed to be accompanied by a lawyer at his disciplinary hearing. This was because a potential consequence of the disciplinary proceedings was the addition of his name to the register of individuals deemed unsuitable to work with children - effectively ending his career.

This case follows the Court of Appeal's 2009 decision in Kulkarni v Milton Keynes NHS Trust and Secretary of State for Health [2009] IRLR 829 CA . In Kulkarni, the court held that a doctor should be allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where he or she is facing charges that are of such a gravity that, in the event they are proven, he or she will effectively be barred from employment in the NHS.

The cases where an employer's disciplinary decision will potentially have such far reaching consequences as in these two cases are not commonplace, but exist nonetheless. Including provision for this eventuality in a written procedure may have appeal for those employers wishing to promote best practice and cater for even exceptional scenarios. On the other hand, no employer wants to deal with numerous requests from employees wanting legal representation at disciplinary meetings...

How does your organisation's disciplinary procedure stack up compared to those of other employers'? IRS is conducting research to look at how employers deal with grievances and disciplinaries. Taking part in this confidential survey will give you a unique opportunity to benchmark your organisation's procedures for dealing with individual disputes against other employers in your sector.