Employee Representation In Internal Disciplinary Processes

Employees do not have an automatic right to legal representation during internal disciplinary processes, except in exceptional circumstances. The Code of Practice on Grievance and Disciplinary Procedures provides for representation by a colleague and a registered trade union.

Employers should clearly outline the representation available under their procedures as part of a fair process.

In this article:

• Employees should be informed of the allegations and the representation available under the employer’s procedures before an investigation or disciplinary hearing begins.
• Employers should review the practical considerations below for managing representation requests and applying internal policies consistently.