Workers facing career-threatening disciplinary hearings could increasingly be able to call on a lawyer to defend themselves, an employment expert has warned.

But Nicholas Jew, a partner in the Birmingham office of DLA Piper, said this was only likely to happen in the most serious cases.

Since 1999 employees have had the right to be accompanied at a disciplinary or grievance hearing.

However, that right only extends to another worker or a trade union official. There is no right to be represented by a lawyer and most employers are reluctant to agree to this.

Mr Jew said: "There is legitimate concern that the involvement of lawyers at an early stage in the process can lead to delay, over-legalisation of the process, and the danger that both sides become entrenched in their positions which minimises the opportunity for resolution."

However, in two recent cases, employees fought and won the right to be legally represented at an internal disciplinary hearing.

In both cases, they took advantage of the European Convention on Human Rights which guarantees a fair hearing.

The first case concerned a school music assistant who, it was alleged, had kissed a 15 year old boy.

The school, which had refused to allow the man legal representation, began formal disciplinary proceedings for breach of trust, which culminated in his dismissal.

But, with the threat hanging over him of a possible Government ruling that he be prohibited from working with children in educational establishments in the future, judicial review proceedings were brought and the High Court held that, given the serious nature of the allegations of misconduct and the severity of the likely consequences, fairness required a right to legal representation throughout the process.

This was then backed up by a separate case in which a junior doctor was suspended by a hospital trust investigating a serious patient complaint.

The Trust began disciplinary proceedings and he too was denied legal representation.

This was ultimately over-ruled by the Court of Appeal.

It held that, where a doctor faced charges which were of such gravity that, if they were proved, he or she would be effectively barred from working in the NHS, then there was a right to legal representation given the potential seriousness of the consequences.

Mr Jew said: "The ramifications of this judgment potentially extend well beyond the NHS.

"It suggests that public sector employees who work for 'monopoly' employers and who are facing serious, career-threatening disciplinary charges are entitled to a hearing which complies with the ECHR, including the right to legal representation.

"These cases have obvious implications for employers delivering educational or care services for children and vulnerable adults such as schools and other educational bodies, nursing or care homes, and hospitals, and for public sector bodies like the NHS.

"There are also a number of private sector professions, such as those regulated by the Financial Services Authority, in which dismissal for serious misconduct may have major implications beyond the loss of employment. The dismissal of an individual in circumstances involving dishonesty or fraud could potentially lead to them having FSA approval withdrawn which would seriously affect their employability in the financial services sector.

"In all such cases, employers would be advised to take advice on whether to allow an employee to be legally represented at a disciplinary hearing."