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18 March 2010 / Adam Chapman , Andreas White
Issue: 7409 / Categories: Features , Employment
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High stakes

When can employees expect to benefit from legal representation? Adam Chapman & Andreas White report

As is widely known, employees who reasonably request accompaniment at a disciplinary hearing have a statutory right to be accompanied by a colleague or trade union representative (Employment Relations Act 1999, s 10). While in serious cases employees often request legal representation at disciplinary hearings, such requests are rarely granted. In light of recent Court of Appeal authority (R (on the application of G) v X School and others [2010] EWCA Civ 1), employers will need to consider this issue more carefully. In some cases of sufficient gravity, employees will have a legal right to legal representation at disciplinary hearings. 

G was a teaching assistant employed at X school when a complaint of sexual misconduct was made against him. The governors of the school carried out an internal investigation and conducted a disciplinary hearing, following which G was dismissed for abuse of trust. G was not permitted legal representation at the hearing. He appealed, and requested legal representation at

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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