In the recent case of R v The Governors of X School the Court of Appeal clarified the rights of employees to be accompanied by a solicitor at a disciplinary hearing. Alex Jones, Employment Partner at Bunkers Solicitors of Sussex comments, "If an employee is faced with a career-threatening dismissal that means they could face a complete loss of career in the sector they work in, such as the NHS or FSA regulated area, then there is a right to be accompanied by a solicitor".
After a teacher ("X") was accused of improper conduct with a 15 year old pupil, the police decided that no criminal proceedings were justified. The employer decided to launch disciplinary proceedings. X requested, but was denied, a legal representative at the disciplinary hearing. It is, of course, the normal situation for an employee only to be entitled to bring either a colleague or a trade union official to such a hearing.
X was dismissed, whereupon he sought judicial review of the decision to deny him a lawyer. The Court of Appeal held that the right to a fair trial under Art 6 (1) Human Rights Act was important. It was crucial to the career of X that he be represented and so the dismissal was quashed and a fresh hearing ordered. It was noted that an adverse decision made by a public body here could irretrievably prejudice the entire career of X.
The right to legal representation has been confirmed at a higher level by the Court of Appeal in the case of Kulkarni v Milton Keynes NHS Trust (2009). In that case it was found that an adverse outcome at a disciplinary hearing could destroy the career of a trainee doctor so they were entitled to legal representation.
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