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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Have I been denied legal representation

Customer Question

Have I been denied legal representation - S.10, ERA 1999 Right to be accompanied to grievance and disciplinary hearing Mon Invited to attend grievance and disciplinary hearing for the Friday Tues Confirmed attendance in writing, want to fully engage in process, name JM as my Union representative to be present, will be pushing for a decision on Friday. Wed Company notes my attendance and JM "will be accompanying you". Thur (09:48) I inform company JM cannot make it. Request company "arrange for DC to attend instead as a work colleague as I have been specifically instructed not to contact any employee and have not done so" Thur (18:46) Company acknowledge DC "will be your your chosen representative for the grievance and disciplinary hearing. I will get in touch with him this afternoon & confirm weather he is willing and able to attend asap". Thurs (19:36) I then reply "can you please let me know asap whether or not DC can attend or not". Friday Grievance & Disciplinary Hearing At start of hearing, I ask "How are we doing with DC, did you manage to get hold off him, what's the situation on that" Reply: "No I said I would just rather listen to yourself today because there is so much information I need to look into / take on board... I don't want to get mixed up today". THIS IS RECORDED ON MY COVERT TAPE RECORDER. At the end of the hearing (both rolled into one), I am advised that a decision will be made within the next 14 days for both matters. At no time was I informed that he made any attempt to get hold of DC, or if he was unavailable would like someone else present or would I be happy to continue by myself. Based on the above, should I be dismissed by the company, can I make a claim for unfair dismissal (automatic unfair dismissal if this ground is proved), is the evidence here?

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.

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Customer: replied 3 years ago.
Please continue your search. Thanks
Expert:  Nicola-mod replied 3 years ago.

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Expert:  Nicola-mod replied 3 years ago.

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