Content
Leading article...
We can't go on like this...
General tax...
The name is Bond
Blessed are the givers
Excuses, excuses
PAYE the penalty
Silver and gold
Moving goalposts
Doctor, doctor...
Something phishy
Pension problems
Tax dot com
Unpleasant discoveries
Fair's fair (at last)
Chartered taxpayers
This year, next year
VAT...
Focus your mind
Flat rates aren't flat
Reverse the charges
Flapjack flash
Ready set ECSL
A lofty idea
Law items...
I want my lawyer
Not on my holiday
A grey area
No difference
| If an employer wants to discipline someone, or possibly sack them, it is essential to follow the proper procedure. Otherwise the worker can claim unfair dismissal and compensation. A couple of recent cases have considered whether "the proper procedure" includes allowing the employee to have a legal representative at any disciplinary hearing. Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, a worker only has the right to be accompanied by a colleague or a trade union representative. The employer might feel that the presence of a lawyer would raise the stakes and require them to incur the cost of bringing their own professional adviser. The Court of Appeal said that the employee would have the right to a lawyer if the allegation was so serious that it was effectively a criminal charge, even though it was being dealt with as a disciplinary matter. The case concerned allegations that a doctor had acted improperly with a patient, and that could lead to him being struck off and unable to practice at all. In those circumstances, fairness required that he should be allowed legal representation. It won't apply in every disciplinary case - but it may be hard to tell when the employer can refuse. |
© Bayar Hughes & Co., 2010.