The right to have legal representation at disciplinary?

April 14, 2010

A recent case (R v the Governers of X school and others) highlighted very specific occasions where an employee may have the right to be represented by a legal professional at an employer’s disciplinary hearing.

The case concerned G (represented by R), a teaching assistant at X school who was dismissed for kissing a 15 year old boy after a disciplinary hearing was held. In normal circumstances an employee is only allowed to be accompanied by a colleague or Trade Union official at a disciplinary hearing, however G felt that the school’s failure to allow them legal representation contravened their right to a fair trial under the European Convention on Human Rights (ECHR).

The case went through several stages and ended up at the Court of Appeal, where it was held that G’s right to a fair trial had been breached, and they should have been allowed legal representation. The reason for this is that the outcome of the trial had a direct effect on G’s ability to continue practicing their profession. The school had to give information to the Independent Safeguarding Authority (ISA) which decides whether to add people to a register of those who are unable to work with children. Because the outcome of the disciplinary would inevitably affect the ISA’s decision to add G to this register, it therefore had a direct effect on G’s ability to practice their profession, and so legal representation should have been allowed.

This is a rare case and legal representation would not be allowed in most disciplinary hearings; the right only applies to public sector professionals and is only relevant if the outcome could affect the individual’s future career. However it is worth remembering for future reference if such an instance may come up. If this does happen, it would always be advisable to seek legal advice before agreeing or rejecting a request for legal representation in a disciplinary hearing.

Things to consider:
School playground equipment
quality discount hearing aids online
Educational Trips at www.adaptabletravel.co.uk
Hearing aid
Achetez des produits audio des plus grandes marques et commandez votre casque urbanears

Posted by hrgirl | Filed Under Employment Law 

Comments

Got something to say?