Chris Cox legal update

Do you have a right to be accompanied by a lawyer to an internal disciplinary hearing?

It is well known that workers have a right under the 1999 Employment Rights Act to be accompanied by a work colleague or a trade union official. However, many employers expressly deny the right to be represented by a lawyer.

A High Court case earlier this year (R (on the application of G) v Governors of X School) caused something of a stir when it was held that in certain circumstances there may be a right to legal representation, irrespective of what the employer's rules say. These exceptional circumstances could include where the outcome could affect the accused person's entire career, involving, for example, an allegation about the abuse of vulnerable adults or children, made against a teacher or health professional. 


Now the Court of Appeal, in (Kulkarni v Milton Keynes NHS Trust), has said that the Human Rights Act may mean an employer must allow legal representation where the outcome of the proceedings could effectively deprive the employee of the right to practise their profession. However, this wouldn't be the case if all that was at stake was the loss of a specific job. 


There may be real difficulty in applying this distinction. The decision of the Court is being appealed to the House of Lords and we await the judgment with interest. What, however, this case doesn't alter are the terms around legal representation provided by professional unions, and what their members may expect by way of support.