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15 June 2012
Issue: 7518 / Categories: Features , Disciplinary&grievance procedures , Employment
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Six, all out

How does Art 6 of the Convention apply to employers’ disciplinary proceedings, ask Alex Leslie & Stewart Duffy

Dr Mattu’s appeal against the decision of Mr Timothy Straker QC, sitting in the High Court, dealt with an issue of general interest, the applicability of Art 6 of the European Convention of Human Rights (the Convention) to employers’ disciplinary proceedings. It also deals with an issue of practical interest to those dealing with NHS disciplinary proceedings against medical staff, namely when the trust should include a medical member on the disciplinary panel.

Background

Mattu was employed in the NHS as a consultant cardiologist at Walsgrave Hospital in Coventry by the NHS trust and held an associated honorary research post at Warwick University from 1998. He was suspended from work in 2002 by the NHS trust, the allegations were investigated, the suspension was lifted in 2007, and he was given a warning in April 2008. He required re-skilling. There was then disagreement between Mattu and the NHS trust about the nature of the re-skilling programme.

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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