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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44867
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i have been sacked from work, i have an appeal date in feb

Customer Question

i have been sacked from work, i have an appeal date in feb 7th 2014, i am not with any union, can i bring a solicitor with me? as i have been told that i cannot do so as my employess state that there policy states work bases colleagues or union representative, does their policy apply to me?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

This is not a policy issue really, rather a legal one. 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. This is the law, a workplace policy may allow you to be represented by others but that is very rare and does not appear to be the case here either.

JACUSTOMER-r2zkccsr- :

but i no longer work for them they sacked me i am appealing against the decision, so their policy no longer applies to me.

Ben Jones :

but as mentioned this is n ot a policy issue - this is the law, so regardless of what the policy says, the law only entitles you to a work colleague or trade union rep

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Ben Jones :

Hello?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

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