Posted: Friday, 4 January 2019 @ 13:43
An appeal case is taking place next week that could have far-reaching implications for the way in which future disciplinary hearings take place.
The case, R (on the application of G) v The Governors of X School, will be heard by the Supreme Court next week in which employees should be allowed legal representation at disciplinary hearings.
This issues to be decided case deal with the test for the applicability of art.6(1) of the European Convention on Human Rights and whether or not one stage in legal or disciplinary proceedings will have a "substantial influence or effect" on the civil right.
My observations include.
1 This is not going to be a blanket right to have legal representation. It will only impact a certain number of cases.The Court of Appeal decision as it now stands does not create a general right for most employees to have legal representation in disciplinary hearings. However, it could lead to employees who are going to be barred from their profession if dismissed, such as health workers or those who work with children, must be allowed to be accompanied by a legal representative.
2 This could have a dramatic impact on the public sector and increase the bill with disciplinary processes becoming more formal and legalese. In an era of cuts the emphasis on justice may come out a high price.
3 This may give more incentive for the parties to mediate and enter into Compromise Agreements. Negotiation skills will become even more important.
4 In answer to the question, maybe the decision to force legal representation would be right. After all, if one loses one's profession, what does one have?
Justin Patten, Employment Solicitor