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Lessons learned

15 April 2010 / Henrietta Hill
Issue: 7413 / Categories: Features , Public
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How will the judgment in G affect employees outside the schoolroom? Henrietta Hill reports

In R (on the application of G) v (1) Governors of X School (2) Y City Council (Secretary of State for Children, Schools and Families and the Equality and Human Rights intervening) [2010] EWCA Civ 1, [2010] All ER (D) 118 (Jan) the claimant was a part-time teaching assistant. It was alleged that he had kissed a 15-year-old boy who was undertaking work experience at the defendant’s school and had sought to groom him with a view to conducting a sexual relationship with him.

During the internal proceedings before the disciplinary committee of the school’s governors, the claimant asked to be permitted legal representation at the hearing. The request was refused and he was told that he was only entitled to be accompanied by a work colleague or union representative. The disciplinary committee found the allegations established and dismissed the claimant. The claimant appealed to the appeal committee of the school’s governors, again requesting permission to be legally represented and again he was refused.

The particularly serious features of the claimant’s

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