Mattu v University Hospitals of Coventry and Warwickshire NHS Trust [2012] EWCA Civ 641

Regulatory Obligations: Dealing with the employment aspects of an investigation

During any investigation by the authorities, an employer may face a conflict between its duties to the regulator and to its employees, warn Stephen Ravenscroft and Helen Joseph ‘An employer needs to strike a balance between its obligation to co-operate with a regulatory investigation and an employee’s right to be treated fairly and reasonably.’ Employers …

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Disciplinary Procedures: Tide turns on right to a fair hearing

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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