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29 July 2011 / Ian Smith
Issue: 7476 / Categories: Features , Tribunals , Disciplinary&grievance procedures , Employment
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Fight for the right

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Ian Smith enters into the tussle between employment law & human rights

The column this month is, unusually, devoted to only one case. There are currently an unusual number of cases on employment law before the Supreme Court. One very important one on whether and, if so, when “loss of career” damages may be awarded in a common law action was heard towards the end of June (Edwards v Chesterfield Royal Hospital NHS Trust) and its result is awaited with a mixture of fascination and trepidation. In the meantime, we have had the first judgment in the forthcoming series of them, concerning the always controversial area of the interaction of employment law and human rights law, this time in the context of rights to representation before internal disciplinary hearings.

The question of representation

R (G) v Governors of X School [2011] UKSC 30, [2011] All ER (D) 220 (Jun) is the much awaited Supreme Court decision on the question which has arisen in the last couple

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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