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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73808
Experience:  Qualified Solicitor
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Is it lawful for an employer to refuse to allow an employee

Customer Question

Good afternoon. Is it lawful for an employer to refuse to allow an employee who is disabled to be represented by a solicitor at an internal disciplinary hearing?
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: Only with the Store Manager.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees and some unionised employees.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of at this stage, thank you.
Submitted: 8 days ago.
Category: Law
Expert:  Ben Jones replied 8 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 8 days ago.

What is the disciplinary for and why has the employer refused the employee's request for this?

Customer: replied 8 days ago.
Hi. Disciplinary is for inappropriate behaviour to a female colleague. The Employer states they will not deal with solicitors.
Expert:  Ben Jones replied 8 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 8 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. There is no automatic legal right for employees to be attended at a disciplinary hearing other than by a colleague or a trade union representative. Solicitors are not allowed and the employer can reject such a request.

The fact that the employee is disabled does not change that. The disability will only allow the employee to request that reasonable adjustments are made to help them with the disciplinary if the disability places them at a specific disadvantage when compared to non-disabled employees. For example, if the disability is learning difficulties, they can request for someone they trust and who can Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position. them to be there such as a family member or support worker. It is unlikely that a disability would justify a solicitor attending as there is nothing specific that a solicitor can help with for the disability, that someone else cannot do.

Expert:  Ben Jones replied 8 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 8 days ago.
Thank you. Nothing more for now thank you.
Expert:  Ben Jones replied 8 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best