What is the position in relation to the entitlement to legal representation (as opposed to being accompanied by a work colleague or friend) for a disciplinary meeting?Posted in : First Tuesday Q&A ROI on 1 February 2011
It is always important to have a clear policy in place in relation to disciplinary matters, which reflects the provisions of the Labour Relations Commission’s Code of Practice on Grievance and Disciplinary Procedures. For the purposes of the Code of Practice, "employee representative" includes a colleague of the employee's choice and a registered trade union but not any other person or body unconnected with the enterprise. However, case law suggests that employees may be entitled to legal representation in ‘exceptional circumstances’, where it is required to ensure fairness. The following six criteria should be considered in deciding whether this is so:
* The seriousness of the charge and
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Back to Q&A's This article is correct at 02/09/2015
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