Can Employees Have Their Own Lawyer During a Company Misconduct Inquiry?

Hi,

Is there any option for an employee to keep his own lawyer while a company conducts an internal inquiry regarding his/her misconduct?

The principle of natural justice must be followed. Normally, the standing orders of the company provide a clause prohibiting any lawyer from appearing for management or for delinquent workmen. In the absence of any clause in the standing orders, if you allow a lawyer to represent the management, then you should give a similar chance to the delinquent workmen to be represented by their lawyer. Failing to do so will result in the entire inquiry proceedings being vitiated.

Generally, the employee is not entitled to take the service of a lawyer for his defense in disciplinary proceedings. However, the disciplinary authority can permit the employee to seek the assistance of a legal professional if the alleged misconduct involves legal issues, especially when the employer itself engages a lawyer to present its case.