Employee Representation In Internal Disciplinary

Introduction

One of the most common queries which our RDJ LLP Employment Team receives is whether or not employees are entitled to bring either trade union or legal representation with them to an internal disciplinary process. We thought it would be useful to set out the legal and practical considerations that arise when addressing this query. In this Insight, we look at the different types of employee representation and explore some practical considerations for employers when navigating a request for legal representation.

Fair procedures are of course a fundamental aspect of any disciplinary process. In the event the outcome of an internal disciplinary process is challenged, it is imperative that the employer is able demonstrate that their process was fair, and in compliance with the principles of natural justice. Ensuring employees are aware of their right to representation during internal disciplinary hearings is an important factor in demonstrating fair