header-logo header-logo

No uniform approach

Statutory disciplinary proceedings within the regulated professions can create a headache for tribunals, note Victoria von Wachter & Alex Ustych

Statutory disciplinary procedures in regulated professions create a minefield of potential conflicts concerning employees’ rights and the evidence admissible in proving those rights had been breached.

Two such conflicts are particularly topical:
 

  • reliance on the conduct/content of statutory disciplinary proceedings to found an employment tribunal (ET) claim; and
  • the application of Art 6 of the European Convention of Human Rights (the Convention) to “career-ending” disciplinary proceedings.

It is increasingly common for employees in the regulated professions (doctors, nurses, police officers etc) to attempt supporting ET claims based on what was done or said in statutory disciplinary hearings. Often, this is an attempt to have another bite at the cherry by securing a rehearing in front of an ET. Traditionally, such attempts have been roundly rebutted by invoking absolute judicial immunity, which protects those involved in proceedings (or in their preparation) from liability. However, following the Court of Appeal decision in Lake v British Transport Police [2007] EWCA Civ

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll