The Right to Request a Lawyer at Internal Disciplinaries

The Court of appeal has ruled that where a disciplinary could lead to a loss of livelihood, the employee being disciplined will have the right to be represented at internal hearings by a lawyer.

Traditionally, internal disciplinary hearings have been internal matters. Employees, from directors to janitors have had the right to be accompanied at internal hearings by a work colleague. 10 years ago, the government introduced the right to be accompanied by a trade union rep. In fact they went further, and introduced a right for the rep to answer questions on behalf of the employee (and this had never been allowed before).  Now a case has come forward which means that where an employee's livelihood is at stake, he or she will have the right to legal representation in internal hearings.

The case in question involved a young teacher who had an inappropriate relationship with a 15 year old girl.  He was investigated and sacked which involved the relevant authority being informed of his alleged activities. This in turn meant that he was deprived of the ability to earn a living.  He sued for unfair dismissal and the courts have ruled that his dismissal was unfair. The rationale being that he should have been allowed to bring his solicitor to the hearing in view of the threat to his livelihood.

The ramifications of this could be quite far reaching. It’s not just teachers or doctors who may face this position. Solicitors, accountants, financial advisors, nurses, prison staff and even care workers now have the door open to claim unfair dismissal where they are not permitted a legal advisor at their disciplinary meeting.

On a practical note, the law has not yet gone so far as to say that a solicitor must be "offered", so the right only exists at the moment where the employee asks for it. Perhaps it’s a matter of time. Now before every businessman in Gloucestershire tells me that this is the last straw and he is going to move to Australia, most employees won't be able to afford a solicitor!