Updated to include information on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Foreign and Commonwealth Affairs and Libya v Janah, in which the Supreme Court considered if state immunity could prevent claims for EU employment law breaches.
In DLA Piper's latest case report, the Court of Appeal considered whether or not European law requires the provisions of the State Immunity Act 1978 to be set aside to allow individuals employed in the UK by foreign diplomatic missions to assert various employment rights.
Victoria Bell is a managing associate and Chris McAvoy, Poppy Fildes, Rosie Kight and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Mattu v University Hospitals of Coventry and Warwickshire NHS Trust  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.
The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights.
In R (on the application of G) v Governors of X School and Y City Council  IRLR 756 SC, the Supreme Court held that a teaching assistant was not entitled to legal representation at a disciplinary hearing leading to dismissal, when the referral process that could lead to his appearance on a "barred list", which would end his ability to practise his profession, was entirely separate and distinct.
In R (on the application of Puri) v Bradford Teaching Hospital NHS Trust  IRLR 582 HC, the High Court held that rights under art.6 of the European Convention on Human Rights were not engaged in respect of the composition of disciplinary and appeal panels determining disciplinary action against a doctor. In the circumstances of the case, the hearings were not determining the doctor's ability to practise his profession, but merely his ability to remain in a particular post.
The High Court has held that the process for a doctor's dismissal did not engage his right to a fair and public hearing under the European Convention on Human Rights.
The Supreme Court has held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil.
HR and legal information and guidance relating to art.6 of the Convention on Human Rights (the right to a fair hearing).