In Ali v Sovereign Buses (London) Ltd EAT/0274/06, the Employment Appeal Tribunal (EAT) has held that the European Convention on Human Rights does not apply where an employee refuses to say anything at a disciplinary hearing, on the grounds that to do so might incriminate him or her in ongoing criminal proceedings.
In Chaudhary v Specialist Training Authority appeal panel and others (No.2), the Court of Appeal holds that the Specialist Training Authority appeal panel provides a route to review of the Specialist Training Authority's decisions on the registration of specialist medical practitioners, and fulfils the requirements of Article 6 of the European Convention on Human Rights in being an independent and impartial tribunal.
This week's case roundup, covering keeping contracts up-to-date and unfair dismissal. By Russel Brimelow of Eversheds.
Disciplinary proceedings taken by the Securities and Futures Authority against a securities trader involved the "determination of his civil rights and obligations", but not the determination of "any criminal charge" within the meaning of article 6 of the European Convention on Human Rights, even though the proceedings could result in fines and a suspension, holds the Court of Appeal in R v Securities and Futures Authority Ltd and another ex parte Fleurose.
There was a real danger that a professional body's disciplinary system lacked the necessary independence and impartiality to make it compliant with the right to a fair hearing under human rights law. We review the Privy Council's decision in the case of Preiss v General Dental Council.
In Scanfuture UK Ltd v Secretary of State for Trade and Industry, the EAT holds that, prior to changes made in 1999, an employment tribunal was not "independent and impartial" within the meaning of Article 6 of the European Convention on Human Rights when hearing a complaint to which the Secretary of State for Trade and Industry was a party, in this case a claim for an insolvency payment.
In Smith v Secretary of State for Trade and Industry, the EAT allows an appeal against an employment tribunal's decision that a claimant for a redundancy payment from the Secretary of State was not an employee, and gives him the opportunity to argue before the Court of Appeal that an employment tribunal cannot adjudicate upon his claim in accordance with the European Convention on Human Rights.
HR and legal information and guidance relating to art.6 of the Convention on Human Rights (the right to a fair hearing).