Legal Representation at a Disciplinary Hearing – When is this Permitted?
Published on: 03/12/2019
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Triona Sugrue Employment Lawyer at A&L Goodbody
Triona Sugrue Employment Lawyer at A&L Goodbody
Triona sugrue efc

Tríona Sugrue is a Knowledge Consultant in the firm’s Employment Practice Group. Tríona has extensive experience advising on all aspects of contentious and non-contentious employment issues and representing parties in employment disputes before the Workplace Relations Commission, the Labour Court and the civil courts. She provides professional support to the Employment Practice Group and clients in relation to all aspects of employment law. She is a lecturer in Employment Law at the Law Society of Ireland and regularly contributes to publications on employment law topics. She is co-author of Labour and Employment Compliance in Ireland.

Legal Representation at a Disciplinary Hearing – When is this Permitted?

In a much anticipated judgment delivered on 11 November 2019, McKelvey v Irish Rail, the Supreme Court brought welcome clarity to the legal position regarding the right of an employee to be accompanied by a legal representative at a disciplinary hearing.

Last year the Court of Appeal found that the circumstances in which an employer would be obliged to exercise a discretion in favour of permitting legal representation should be "exceptional". The case was appealed to the Supreme Court in February 2019. The Supreme Court has now had the final say on the matter and emphasised that this right only arises in exceptional circumstances. This month, Triona Sugrue

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/12/2019
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS