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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
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.

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