Is Barry entitled to be accompanied by a legal representative at his disciplinary hearing?
Barry has no contractual right to be accompanied at the meeting. The Company Handbook mirrors the ACAS Code of Practice which provides that the employee can only be accompanied by a fellow worker or a trade union representative. DA would need to consider whether, if Barry was dismissed, this dismissal would prevent him from practising in his profession or effectively make him unemployable. It is arguable that this is not the case here as there is nothing to suggest that being dismissed in this instance would prevent him from getting a job anywhere else. On this basis, DA would be justified in refusing Barry’s request and informing him that he is only entitled to be accompanied by either a fellow worker or a trade union official. Whilst there is nothing to prevent the company from allowing this request, having legal representation may not be appropriate in these circumstances as it may result in the disciplinary hearing becoming a “mini trial” which is not desirable and is clearly not w
