Do I have to let an employee bring his solicitor with him to a disciplinary hearing, if he wishes?
Do I have to let an employee bring his solicitor with him to a disciplinary hearing, if he wishes?
The Employment Relations Act 1999 gives all workers the right to be accompanied at a disciplinary or grievance hearing if they reasonably ask to be. The chosen companion must fall within one of the categories laid down in the legislation. Those categories are:- another worker who works for the company;
a full-time trade union official;
a lay union official whom the union has certified in writing as having experience or training in accompanying workers at disciplinary or grievance hearings.
Special provision may need to be made for disabled employees. The Disability Discrimination Act 1995 requires employers to make reasonable adjustments to accommodate disabled workers. It may be reasonable, for example, for an employer to allow an employee with a learning disability to be accompanied by a friend from outside work, even if the company's disciplinary procedure and the statutory right to be accompanied do not allow for this. It is unlikely that this duty would extend to allowing a solicitor to be present.