Pictured above: James Tait
The Supreme Court has ruled that employees at disciplinary
hearings do not have an automatic right to be legally represented
under the European Convention of Human Rights (ECHR).
Under Article 6 of the ECHR an individual is entitled to a fair
hearing.
In R (on the application of G) v The Governors of X School the
Supreme Court overturned an earlier Court of Appeal ruling that
decided that the right to a fair hearing under Article 6 includes a
right to legal representation where the issue in question is so
serious it could mean that the individual could be barred from
their chosen field.
The case followed a complaint made against a teaching assistant
(G) for inappropriate sexual conduct by a 15 year old boy who was
undertaking work experience at the school. The governors conducted
an internal investigation and following a disciplinary hearing G
was dismissed. G was not allowed legal representation at the
disciplinary hearing or the appeal hearing. He argued this violated
his human rights under Article 6.
In overturning the Court of Appeal's decision the Supreme Court
concluded that the school could only determine the issue of his
employment with them. The ability of the teacher to practice his
profession in the future could only be determined by the
Independent Safeguarding Authority which came into existence during
the case.
James Tait, employment lawyer at Browne Jacobson,
commented:
"This decision is highly significant because in cases such as
this, there is no entitlement for a teacher to take a lawyer to an
internal disciplinary meeting.
"Despite the majority opinion, this is not necessarily the end
of the debate so far as other professions, such as the legal
profession, are concerned. If the disciplinary process involved
could determine definitely the ability of a person to carry on
their profession, then there is still an argument to be had that
legal representation should be allowed."
For more information about Browne Jacobson, please visit their
website here: www.brownejacobson.com