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.
By the time of the hearing in the Court of Appeal
