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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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