Supreme Court rules on legal representation at dis

0370 270 6000

Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

collapseSign

Browne Jacobson home

Home

Insights

Blogs

Supreme Court rules on legal representation at disciplinary hearings

29 June 2011

The Supreme Court has ruled that employees at disciplinary hearings do not have an automatic right to be legally represented.

The case R (on the application of G) v The Governors of X School followed a complaint made against a teaching assistant (G) for inappropriate sexual conduct which eventually led to his dismissal. G was not allowed legal representation at the disciplinary hearing or the appeal hearing.

This decision is highly significant because in cases such as this, there is no entitlement for a teacher to take a lawyer to an internal disciplinary meeting.

Despite the majority opinion, this is not necessarily the end of the debate so far as other professions, such as the legal profession, are concerned. If the disciplinary process involved could determine definitely the ability of a person to carry on their profession, then there is still an argument to be had that legal representation should be allowed.

Related opinions

Head of Education, Mark Blois celebrates 25 years of being an education lawyer

Mark Blois, Browne Jacobson’s national Head of Education, is marking a notable anniversary, an incredible 25 years as an education lawyer.

View blog

Be wary of events post-dating the presentation of an Employment Tribunal claim

In Sakyi-Opare v Albert Kennedy Trust, the EAT held that an Employment Tribunal erred in deciding a claim was out of time because it did not first consider the claimant’s application to amend her claim, which included events that post-dated her claim.

View blog

A level results: what this means for schools and higher education?

This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.

View blog

Does the move into Step 4 mean the ending of Covid-19 restrictions within schools?

With the Prime Ministers announcement that he intends for Step 4 to begin on 19 July, this will also bring an end to the restrictions currently in place on education settings.

View blog

View all blogs