Workplace disciplinary processes and the law
The Court of Appeal has recently brought clarity as to when an employee in a disciplinary procedure should be allowed to bring a lawyer
A common query received by employment lawyers from employers conducting disciplinary processes is whether employees are entitled to be accompanied by a lawyer. The standard answer, often unhelpfully, has tended to be ‘it depends’.
However, until recently there was good reason for this fence-sitting. The case law on whether the right to fair procedures extended to allowing employees to be accompanied by a lawyer in an internal disciplinary process was somewhat unsettled.
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