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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75932
Experience:  Qualified Solicitor
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A friend is not in a union and has a hearing for gross

Customer Question

A friend is not in a union and has a hearing for gross misconduct next week. Can they take a solicitor with them? Should they? They tldong seem to think they will be dismissed whereas I think it is a real possibility. Manh thanks.
JA: Where is the friend? It matters because laws vary by location.
Customer: East London
JA: What steps has the friend taken so far?
Customer: Nothing! As you can see, I am doing all the work for them ūüôą
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so. Friend is thinking rhey just need to turn up at the meeting. Has asked me to go with them. I think this is a conflict if interest as we are in the same team. I am begging them not to go alone, but they don't seem to have a problem with it.
Submitted: 11 days ago.
Category: Law
Expert:  Ben Jones replied 11 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.

Customer: replied 11 days ago.
Ok.
Expert:  Ben Jones replied 11 days ago.

Can I just check how long your friend has worked for this employer please?

Customer: replied 11 days ago.
Just over a year
Expert:  Ben Jones replied 11 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 11 days ago.
Ok. Thank you.
Expert:  Ben Jones replied 11 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

Legally, she does not have the right to take a solicitor with her anyway so that is not an option. The employer could potentially allow it but that is unlikely, especially when they have no obligation to do so. Also, a solicitor cannot actually formally represent her at the meeting and will only act as a companion, in the same way a union rep would have. It would therefore be a very expensive companion to have, when they probably won’t make much of a difference.

If someone is not a member of a Trade Union, or they have only recently joined them and do not yet get the full benefits of membership, they may not be able to get a union representative to assist them. Instead, they may have to seek other alternatives, such as paying for a union representative on demand.

Slater and Gordon are a national law firm, which provides what they call an Executive Reps service, where they can supply you with a recognised representative to accompany you at a formal hearing. They can be contacted on 0330(###) ###-####

The other firm is Castle Associates, which provides a similar service:

https://castleassociates.org.uk/employee-support/trade-union-support

There will obviously be a cost involved and it won’t be cheap but that would be best discussed directly with the firms.

Expert:  Ben Jones replied 11 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 11 days ago.
Many thanks for your answer.
Expert:  Ben Jones replied 11 days ago.

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