header-logo header-logo

01 October 2009 / William Childs , Ian Sadler
Issue: 7387 / Categories: Features , Regulatory , Professional negligence , Employment
printer mail-detail

Representation matters

Ian Sadler & William Childs examine the right to legal representation at disciplinary proceedings

The decision in Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2009] EWCA CIV 789, [2009] All ER (D) 248 (Jul) represented a significant development in the law relating to doctors and dentists facing disciplinary proceedings within the NHS. However, practitioners will also be interested in its application in cases involving all employees of public bodies or near monopoly employers faced with potentially career threatening disciplinary action.

Dr Kulkarni was a junior doctor facing potentially serious allegations of professional misconduct in the course of his medical practice while employed by the respondent NHS trust.

Through the Medical Protection Society, his medical defence organisation, he sought to bring a legal representative to the proposed disciplinary hearing. The trust refused his application, relying upon an express term of its contractual disciplinary procedure excluding the right to legal representation.

The disciplinary procedures

In 2005 new pan-NHS disciplinary procedures were introduced. Before this time, doctors and dentists enjoyed the express contractual

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll