Deal with a worker's request to be accompanied by a lawyer at a disciplinary hearing

Key points

  • Generally, there is no right to be accompanied by a lawyer at a disciplinary hearing.
  • Under s.10 of the Employment Relations Act 1999 employees are entitled to be accompanied only by a workplace colleague or a trade union representative. However, an employee may have a contractual right to be legally represented at a disciplinary hearing.
  • Current case law does not support the argument that art.6 of the European Convention on Human Rights requires the right to legal representation at a disciplinary hearing in certain circumstances.

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