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?Posted in : First Tuesday Q&A ROI on 7 February 2017
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
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Back to Q&A's This article is correct at 07/02/2017
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