Good practice guidance discussing managing disciplinary issues, including disciplinary rules and procedures, setting up disciplinary interviews, the right to be accompanied, warnings, appeals, dismissal and dealing with misconduct that is suspected but not proven.
This case concerns three employees who felt that they had the right to be accompanied at investigation meetings.
The Supreme Court has held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil.
In Bullock v Norfolk County Council EAT/0230/10, the EAT held that a foster carer was not a “worker”, as defined in the Employment Rights Act 1996, and not therefore entitled to be accompanied at a disciplinary hearing.
This employment tribunal decision demonstrates that there are circumstances in which it is necessary for employers to allow employees to have legal representation at a disciplinary appeal hearing, following the Court of Appeal decisions in R (on the application of G) v Governors of X School and Y City Council  IRLR 222 CA and Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health  IRLR 829 CA.
This case concerns whether or not three employees were entitled to be accompanied at disciplinary investigation meetings held by a third party.
The Employment Appeal Tribunal has held that foster carers are not workers within the meaning of the Employment Rights Act 1996 and Employment Relations Act 1999 and do not have the right to be accompanied at disciplinary hearings.
HR and legal information and guidance relating to the right to be accompanied at disciplinary hearings.