There is often confusion on the part of both employers and employees as to who is allowed to accompany employees required to attend disciplinary hearings. Frequently employees ask to have their lawyers present and a recent 2009 case suggests this is now law.

The case, Kulkarni v Milton Keynes Hospital Trust, involved a doctor facing serious allegations of misconduct which, if upheld, would almost certainly have resulted in him being struck off and prevented him from practising in the UK again.  The doctor wished his solicitor to be present and, when his employer refused this request, he issued proceedings stating that the refusal was unreasonable.  The court concluded that he should have been allowed legal representation.  However, it is important to note that this does not set a general precedent as the case was particularly unusual on its facts. The allegations against the doctor were of a “severe gravity” which meant that his entire career was in jeopardy and the general rule remains that employees are only entitled to select a companion who is either a workplace colleague or a trade union representative, in accordance with the ACAS guidance.

If you wish to discuss any issues relating to employment law, please contact Simon Thomas