Q. I work as a school music teacher and a pupil has made an allegation against me which is totally preposterous. The school have suspended me and said that I cannot have legal representation at the disciplinary hearing which is to follow. Are they entitled to deny me legal representation?
A. If your contract of employment of your employer's disciplinary procedure permits it you will be entitled to legal representation. If not, then you can request your employer to consider this. However, in most cases where this is done, the employer will refuse the request, wanting to keep the proceedings informal and avoid increasing their own legal costs. Generally speaking, an employee's right to be accompanied at a disciplinary hearing will then be limited to a colleague or trade union official.
However, a court recently decided that where the consequences of a disciplinary hearing are significant (for example where it could result not only in the loss of the employee's job but it could also threaten their future employment prospects), then employees may be entitled to be legally represented under the European Convention of Human Rights.
Therefore, as you are faced with serious allegations which, if upheld, could result in severe consequences for you, you should be able to insist on having legal representation here. I would therefore suggest that you contact our employment experts immediately to enable them to assist you with this matter.
Should you have a queries regarding a legal matter please contact Keith Swan of Patterson, Glenton & Stracey Solicitors by email at ks@pgslaw.co.uk or by telephone on 0808 231 7043. Patterson, Glenton & Stracey have provided legal advice to the people of South Tyneside for over 125 years. Be Guided by the Experts. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
