Dismissal: Should the employee’s solicitor be present?

The preliminary meeting is a face-to-face discussion between the employee and the employer, during which the employer explains to the employee the reason(s) for considering dismissal. The employee’s role is to persuade you to reconsider this decision.

Support for the employee during the preliminary meeting

The letter of invitation states that the employee may be accompanied by someone.  

They may be assisted by a person of their choice who is a member of your company’s staff, in the absence of employee representative bodies.

However, in the case of dismissals on disciplinary grounds, you are therefore entitled to refuse the presence of a solicitor during the preliminary meeting.

Employer’s assistance during the preliminary interview

In principle, assistance is permitted but is strictly regulated with clear limits:

• You may not be assisted by anyone from outside the company. For example, the presence of a lawyer renders the procedure invalid;
• The preliminary interview must not turn into an investigation.