Supreme Court clarifies employees’ right to legal representation at disciplinary hearings

 

There have been a number of judgments is recent years over whether employees have the right to legal representation at disciplinary hearings. These have revolved around Human Rights legislation, with employees seeking to argue that not being allowed a lawyer in the hearing was an infringement of Article 6 of the European Convention on Human Rights (ECHR), the right to a fair trial. (This issue is distinct from the right that all employees already have to accompaniment by a trade union representative or colleague.)

 

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