how can i have the right to be accompanied by lawyer

by Josiane Howe 3 min read

What is the importance of the right to be accompanied?

The right to be accompanied means that an employee or worker can bring a 'relevant person' with them to a disciplinary or grievance meeting. This person is officially referred to as your companion.Oct 25, 2019

Can you request HR to be present in a meeting?

Private sector employers have vast discretion with regard to the implementation of discipline and management of employees. No law requires them to allow a representative to accompany you at a disciplinary meeting.Oct 21, 2013

Can I take a solicitor to a disciplinary hearing UK?

There's no legal right to be accompanied by a solicitor to a disciplinary hearing, but in recent cases the courts have indicated this may be allowed if the outcome could threaten the employee's career.

What can a companion do in a disciplinary hearing?

Under s. 10 of the Employment Relations Act 1999, the companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. They must also be permitted to confer with the worker during the hearing.

What should you not say to HR?

10 Things You Should Never Tell HRLeaving While on Leave.Lying to Get Leave Extensions.Lying About Your Qualifications.Changes in Your Partner's Career.Moonlighting.Lawsuits You've Filed Against Employers.Health Issues.Personal Life Issues.More items...•Feb 13, 2021

Can I refuse a meeting with HR?

If you do refuse to attend the meeting, then your employer can (and quite possibly will) discipline you, and it may make it more difficult to pursue a legitimate legal claim.Oct 11, 2016

Can I be accompanied at an investigation meeting?

The right to be accompanied In a disciplinary investigation meeting, there is no legal right to be accompanied but it's good practice for employers to allow it.

Can you refuse to attend a disciplinary meeting?

If you fail to attend the meeting and don't have a reasonable excuse for not attending, the meeting may go ahead without you and you will not be able to put your case.

Can you bring a lawyer to a disciplinary meeting?

There is no general right to legal representation at disciplinary hearings; under s. 10 of the Employment Relations Act 1999 employees are entitled to be accompanied only by a workplace colleague or a trade union representative.

Who can be a companion?

A companion is one who serves as a friend or partner in something. Whether it's travel or dinner or card-playing, your companion is the one who does it with you. The word companion is a close, um, companion to the word company, and you might as well say that someone you keep company with is your companion.

How do you defend yourself in a disciplinary hearing?

Decide on representation and which witnesses and other evidence you'd like to use to defend yourself; Prepare questions for both the employer's witnesses and your witnesses; Put forward clear-cut evidence that acquits you from the allegations; and. Prepare your closing statement.

Who can be a companion at a disciplinary hearing?

The employee must choose their companion from one of the following: a work colleague. a workplace trade union representative who's certified or trained in acting as a companion. an official employed by a trade union.