The doctor claimant sought to assert a right to have legal representation in disciplinary proceedings by his employer.
Held: The doctor’s contract entitled him to representation. Also, the claimant’s Article 6 rights to a fair trial and to legal representation will apply in disciplinary proceedings brought by a public sector employer, where the consequences of a contrary finding in those proceedings are such that the employee will be effectively barred from practising his profession. The Department of Health Policy document denied a right to representation in a legal capacity and was wrong.
Smith LJ
[2009] EWCA Civ 789, Times 06-Aug-2009, [2009] 109 BMLR 133, [2009] IRLR 829, [2009] LS Law Medical 465
Bailii
European Convention on Human Rights 6
England and Wales
Citing:
Appeal from – Kulkarni v Milton Keynes Hospital NHS Trust QBD 1-Aug-2008
The claimant sought an extension to his injunction that the defendant should not depart from its disciplinary procedures. . .
Cited by:
Cited – G, Regina (on The Application of) v X School and Others CA 20-Jan-2010
The claimant was a teaching assistant. A complaint had been made that he had kissed a boy having work experience at the school, but it had been decided that no criminal prosecution would follow. He sought judicial review of the school’s decision to . .
Cited – Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust QBD 1-Aug-2011
The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions, Human Rights
Leading Case
Updated: 09 November 2021; Ref: scu.361452