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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48202
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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HOW TO GET A LEGAL REP TO ATTEND AN APPEAL HEARING WITH ME?

Resolved Question:

HOW TO GET A LEGAL REP TO ATTEND AN APPEAL HEARING WITH ME?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please explain your situation in a bit more detail

Customer: replied 1 year ago.
I WAS DISMISSED UNDER GROSS MISCONDUCT FOR MAKING ERRORS ON MY FLEXI-TIMESHEET ON 2 OCCASIONS FROM SEPTEMBER 2015 AND MARCH 2016 HAVING ACLEAN RECORD FOR OVER 12 YEARS.AN INVESTIGATING OFFICER WAS APPOINTED AND HIS REPORT CONCLUDED THAT THERE WAS A CASE TO ANSWER.IHAVE APPEALEDWITHIN THE 10 DAYS PERIOD AND WILL HAVE MY APPEAL HEARD BUT MY EMPLOYER HAS YET TO CONFIRM
Expert:  Ben Jones replied 1 year ago.

ok so you only wish to find out how you can get your legal rep (a solicitor I presume) to attend with you, is that right?

Please note that due to the very late hour I have to go offline but will repsond fully first thing in the morning, thanks

Expert:  Ben Jones replied 1 year ago.

Can you please confirm that you only wish to find out how you can get your legal rep (a solicitor I presume) to attend with you, is that right?

Customer: replied 1 year ago.
I DO NOT WANT TO SWITCH TO CALL
Expert:  Ben Jones replied 1 year ago.

you do not have to, but I am still waiting for a response to my original query, which is Do you only wish to find out how you can get your legal rep (a solicitor I presume) to attend with you?

Customer: replied 1 year ago.
someone from pro bono service
Expert:  Ben Jones replied 1 year ago.

Ok thank you. The legal right for workers to be accompanied at certain meetings in the workplace is dealt with under sections 10-15 of the Employment Relations Act 1999. It states that where a worker is required to attend a disciplinary or grievance hearing and the worker 'reasonably requests' to be accompanied at that hearing, the employer must allow them to be accompanied by a 'single companion’.

The meetings that are covered by this right are:

· Formal disciplinary hearing (any hearing where a warning is to be issued, other disciplinary action is to be taken, or a sanction is confirmed, such as an appeal hearing) - it will include hearings that may lead to dismissal if they are related to misconduct or capability issues

· Formal grievance hearing

When it comes to the choice of companion, the worker is entitled to be accompanied either by a trade union representative or a workplace colleague. There is no right to be accompanied by family, friends or any legal representatives, such as lawyers. So I am afraid you cannot demand for a legal representative to accompany you, only a colleague or trade union representative is allowed.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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