Disciplinary legal support

mahoney

Hi, OH is going through the disciplinary process.  Unfairly accused in our opinion.  Accuser has has legal advice, however as per the company policy at this point the only physical representation OH is allowed is of a trade union rep and he isn't in a trade union.
I'm getting the impression it has to go to dismissal before appealing, but would be good to have a fair representation before then.  There is no valid evidence of the accusation and the company has not treated both sides fairly up to now - significant bias.  
Can we get a lawyer at this point? Concerned about the costs obviously but feel it is required at this point as getting out of our depth.  what about no win no fee........

thank you so much

oh_really

mahoney said:

Hi, OH is going through the disciplinary process.  Unfairly accused in our opinion.  Accuser has has legal advice, however as per the company policy at this point the only physical representation OH is allowed is of a trade union rep and he isn't in a trade union.
I'm getting the impression it has to go to dismissal before appealing, but would be good to have a fair representation before then.  There is no valid evidence of the accusation and the company has not treated both sides fairly up to now - significant bias.  
Can we get a lawyer at this point? Concerned about the costs obviously but feel it is required at this point as getting out of our depth.  what about no win no fee........

thank you so much 

There are few jobs (professions) which can appoint a solicitor to represent at disciplinary hearing.

Has an investigation been conducted?

He will likely be limited to a work colleague. 
Why didn't he join a union?

What is the back story to the allegation?

Is there an issue with fitness to practise and a regulatory body? 

Is it possible to expose him to criminal charges as a result? 

JReacher1

A friend/colleague went through a disciplinary process recently and sought legal advice. He was told by the person he went to see that there was little they could do until he was dismissed. 

For an internal disciplinary process you’re normally limited to union or colleague 

nicechap

mahoney said:

Hi, OH is going through the disciplinary process.  Unfairly accused in our opinion.  Accuser has has legal advice, however as per the company policy at this point the only physical representation OH is allowed is of a trade union rep and he isn't in a trade union.
I'm getting the impression it has to go to dismissal before appealing, but would be good to have a fair representation before then.  There is no valid evidence of the accusation and the company has not treated both sides fairly up to now - significant bias.  
Can we get a lawyer at this point? Concerned about the costs obviously but feel it is required at this point as getting out of our depth.  what about no win no fee........

thank you so much

Start with the company's disciplinary policy, get your OH to read it and read it again and again. In there will be on what grounds they can appeal, but that presumes a negative result.  A well handled investigation will turn up what's important and, if needed what a reasonable sanction is.

Whatever you may feel about the situation you only have one side of the story.  The employer only has to carry out a reasonably fair process and can make a balanced decision, its not like a criminal court where something has to be proved beyond reasonable doubt.

You can engage a solicitor (I wouldn't go near a no win no fee) but in themselves they will not be able to attend the disciplinary meeting, only if they are a union official, some solicitors retain union officials for such a purpose but charges would be of the order of several hundred to a couple of thousand pounds.  Union fees seem quite small in comparison.  Most companies allow a colleague to attend disciplinaries, is there no one your OH can ask?  Even if not specifically allowed in a policy, a polite request may result in it being allowed on the basis of being seen to be fair. 

LittleVoice

oh_really said:

There are few jobs (professions) which can appoint a solicitor to represent at disciplinary hearing.

I think the OP's OH's situation is that the accuser has already received legal advice, not that there would be a solicitor present with them at a disciplinary hearing.

MovingForwards

You can take legal advice, just can't have the lawyer in the disciplinary with you.

Someone I know had their union rep and paid for legal advice, had the lawyer on standby in case of getting fired. By having both it meant they were able to cover all angles during the disciplinary process.

oh_really

MovingForwards said:

Someone I know had their union rep and paid for legal advice, had the lawyer on standby in case of getting fired. By having both it meant they were able to cover all angles during the disciplinary process.

By having both they opened themselves to the real danger of the trade union withdrawing further ongoing support.

TBagpuss

Nicechap is absolutely correct - your OH is not entitled to have a solicitor with him. He can (annd it may be to his benefit) have a coworker with him, if he wants.
The process should be fair but my understanding is that a decision would normally only be unfair if the employer didn't follow proper procedures or if the decision was one no reasonable employer could have made on the facts. If it come down to your OH's word against that of another employee then the employer is entitled to decide that they find the other person more believable 

MovingForwards

oh_really said:

MovingForwards said:

Someone I know had their union rep and paid for legal advice, had the lawyer on standby in case of getting fired. By having both it meant they were able to cover all angles during the disciplinary process.

By having both they opened themselves to the real danger of the trade union withdrawing further ongoing support.

The union didn't know the solicitor was being used.

Nothanks

OH should definitely not attend alone. Even to have someone on their side of the table and just take notes, ask for an adjournment if they are getting off track etc. 

Solicitor generally won’t be able to do anything until the legal proceedings begin, either an act of discrimination or dismissal. 

Nothanks

Oh, and no-win, no-fee in my experience are damaging emotionally as they tell all my members what a brilliant legal claim they have right up until the point they just cut and run.