We have previously written about the trend towards allowing legal representation at disciplinary hearings where the outcome could affect the employee's profession.
In the case of R (on the application of G) v. The Governors of School X the Supreme Court has now narrowed the right under article 6 of the European Convention of Human Rights to legal representation at a disciplinary hearing where a dismissal could effectively lead to the individual losing their livelihood. This right does not exist if there is a secondary independent decision making process before their career is lost.
In the case, following a referral by the school governors to the Independent Safeguarding Authority, it was for the Independent Safeguarding Authority to decide whether or not to put the individual on a barred list of people banned from working in schools arising out of the issues which were dealt with at the disciplinary hearing.
However, I suggest that the authority applies in narrow circumstances. Many situations involving professionals will not involve an independent decision making body.
The other cases in this area have centred on medically qualified employees
Lord Dyson, in this particular case, specifically noted that where a decision in one set of proceedings effectively determines someone's civil rights in the future then that may require legal representation at first stage.
For further information and advice please contact Holly Dobson 0114 266 6660 or email [email protected].
