Disciplinary Procedures: Tide turns on right to a fair hearing

RadcliffesLeBrasseur | Employment Law Journal | July/August 2012 #132
The Court of Appeal has killed off arguments that the European Convention on Human Rights applies to dismissal processes, explains Charlotte Stern ‘The obiter comments in Kulkarni are unlikely to be followed again, signalling an end to the era of the application of Article 6 ECHR in disciplinary proceedings.’ Since the decision in Mattu v …

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Right To Be Accompanied: New guidance on legal representation

Weightmans LLP | Employment Law Journal | September 2011 #123
Most employees will not be entitled to a lawyer at disciplinary hearings following an important Supreme Court ruling, reports Laura Kearsley ‘The employer should try to accommodate the chosen representative unless they would prejudice the hearing or create a conflict of interest.’ Employees’ right to be accompanied at formal disciplinary and grievance meetings is well …

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