During an internal process can an employee insist on having a solicitor present as their representation and can the employer refuse?

Employers are not statutorily obliged to provide employees with a right to legal representation for internal company processes such as disciplinary or grievance hearings. An employee does not, therefore, have an absolute right to legal representation at such hearings.

The Code of Practice on Grievance and Disciplinary Procedures S.I. 146/2000 (the “Code”) provides non-legally binding guidance to employers and employees in respect of employees' rights in the context of disciplinary and grievance processes in Ireland. The Code provides that employees have a right to representation during such processes and that they are entitled to propose their own representative. The Code defines an