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Human rights: Article 6 fair hearing protections did not apply to contractual disciplinary procedures

This report relates to 1 case(s)

In Mattu v University Hospitals of Coventry and Warwickshire NHS Trust [2012] IRLR 661 CA, the Court of Appeal held that NHS contractual disciplinary procedures resulting in the dismissal of a consultant cardiologist did not determine any civil right of the employee so did not engage art.6 of the European Convention on Human Rights.

Key points

  • While the right to exercise one’s profession is a civil right, in this case the doctor’s right lawfully to work as a doctor was not affected by the dismissal, which related to his attitude towards the trust’s management.