Our disciplinary policy does not permit a solicitor to attend an investigation meeting. Only a colleague or trade union representative may attend. Is this lawful?

In general, an employee does not have the right to be represented by a solicitor in an internal disciplinary investigation or hearing. The Code of Practice on Grievance and Disciplinary Procedures (S.I. 146/2000) provides that employees should be given the opportunity to avail of the right to be represented during a disciplinary procedure. However, for the purposes of this Code, an 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, as per the decision of the Supreme Court in the case of Alan Burns and Another v The Governor of Castlerea Prison and Another [2005] IEHC