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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49045
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?

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HOW TO GET A LEGAL REP TO ATTEND AN APPEAL HEARING WITH ME?

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

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

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

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

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

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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