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A doctor faced with accusations of serious professional misconduct was not allowed to have a legal representative at his disciplinary hearing. An express contractual term was relied on to refuse this. Legal representation had formerly been allowed and the revoking of this right gave the same disciplinary treatment to doctors and dentists as with other employees. The court accepted however that the result of being dismissed by the NHS that is effectively the sole employer means that dismissal means the end of a career. The Court of Appeal decided to construe relevant provisions in the contract as allowing Dr Kulkarni to be represented at his disciplinary hearing by a lawyer instructed by his professional body the MPS. Although the immediate relevance of this case (applying to professional and non-professional conduct) is for NHS doctors and dentists faced with disciplinary action over alleged misconduct or issues of capability it is expected that it will also apply to those employees of public bodies who are threatened by disciplinary action that could affect their careers. Obiter dicta in the Court of Appeal Judgment referred to Article 6 of the ECHR in holding that those working for employers who are effectively running a monopoly and who face serious charges will mean that they are entitled to expect that any internal disciplinary hearings are compliant with Article 6 (such as legal representation and even the right to have a disciplinary hearing heard before an independent panel). | |||
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| The transcript of this case can be found (usually at the Bailli or Employment Appeals websites) Here | |||
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2008 A punch that caused injury was closely enough connected with the employment to make the employer vicariously liable for tortious assault. - Gravil v Carroll [2008] EWCA Civ 689 Tribunals should “give reasons which are candid, intelligible, transparent and coherent” - CLARK v CLARK CONSTRUCTION - 2008 Fair Employment Initiative - much government spin; some substance. ECJ Recognises Carer's Right To Claim 'Discrimination By Association' - Coleman v Attridge Law and Steve Law - ECJ - Case C-303/06 Employment tribunals may award compensation only for damages resulting from an unfair dismissal, not an employer's prior conduct Robins Ltd v Triggs [2008] EWCA Civ 17 Intimidation Results In Strikeout - Force One Utilities v Hatfield Constructive Dismissal - Absence Of Intent but Contract Still Undermined - Parsons v Bristol St Motors - EAT 2008 When Your Employer Changes Your Contract Robinson v Tescom Corporation – EAT 2008 Homophobic bullying provisions don't protect heterosexuals - ENGLISH v THOMAS SANDERSON BLINDS – EAT 2008 Re-Engagement Orders should specify into which job the Claimant will be re-engaged - Home Office v Khan & King - EAT 2008 The existence of a contract is a question of fact to be decided upon by the employment tribunal James v Greenwhich Borough Council - CA 2008 Expired Disciplinary Warnings May Be Taken Into Account Airbus V Webb - CA 2008 Internal Appeal Ending On Last Day Did Not Prevent 3 Month Extension Ashcroft v Haberdashers - EAT 2008 A Protective Award Is Subject To Mitigation, But Starts At 90 days Evans & Ors v. Permacell Finesse Ltd - EAT 2008 Tupe Applies Outside The UK Metal Industries v GMB - EAT 2008 2007 Equal Pay Does Not Necessarily Mean Being Paid The Same CHIEF CONSTABLE OF WEST MIDLANDS POLICE v BLACKBURN & MANLEY Creative Law or 'How To Wrongfoot Your Employee' part II (TUPE) NEW ISG LIMITED v VERNON - [2007] EWHC 2665 (Ch) The implied term of mutual trust and confidence RDF Media Group v Clements - QBD [2007] EWHC 2892 (QB) Sleight Of Hand Given Thumbs Down By Employment Appeals Tribunal ROYAL BANK OF SCOTLAND v BEVAN - EAT 2007 TUPE Rights Implementing Council Directive 2001/23/EC cannot be waived REGENT SECURITY SERVICES LIMITED v POWER - CA [2007] EWCA Civ 1188 Disabled Park Worker Wins Record Compensation Tupe Safeguards Existing Rights - Doesn't Confer New Ones JACKSON v COMPUTERSHARE INVESTOR SERVICES PLC - CA [2007] EWCA Civ 1065 Inflexible Grievance Procedures Can Break Mutual Trust And Confidence GMB v BROWN - EAT [2007] UKEAT 0621_06_1610 Lawyer Loses Age Discrimination Case - Ramifications For Workers - Bloxham v Freshfields - ET 2007 Agency Workers Out In The Cold Again - Wood Engineering v Robertson - EAT 2007 Employment Appeals Tribunal (EAT) Removes Employee Contract Illegality Bar In Unfair Dismissal Cases - PAYNE v ENFIELD TECHNICAL SERVICES LTD and GRACE v BF COMPONENTS LTD - EAT 2007 - Employment Tribunal Applications Down The EAT Has made its first award against an employer for a failure to inform and consult - Amicus Trade Union v Macmillan publishers ltd - EAT 2007 Policeman With Minor Dyslexia Is Considered Disabled Under The DDA - Patterson v Commisioner of Police - EAT 207 No Reversed Burden of Proof For Victimisation In Race Cases - Oyarce v Cheshire County Council - EAT 2007 No Recourse To Mangold For Over 65's Unfairly Dismissed Before October 1 2006 - Briden v Worthing College - EAT 2007 Payments In Lieu Of Notice - Morrish v NTL - Court of Session [2007] CSIH 56 Statutory Dispute Regulations Being Repealed |
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