header-logo header-logo

High stakes

18 March 2010 / Adam Chapman , Andreas White
Issue: 7409 / Categories: Features , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Ian D’Costa

Arc Pensions Law—Ian D’Costa

Pensions firm welcomes legal director in London

Shakespeare Martineau—Jonathan Warren

Shakespeare Martineau—Jonathan Warren

Real estate disputes team strengthened by London partner hire

Morgan Lewis—Christian Tuddenham

Morgan Lewis—Christian Tuddenham

Litigation partner joins disputes team in London

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll