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Human rights

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  • Date:
    12 April 2011
    Type:
    Law reports

    Unfair dismissal: failure to allow NHS employee legal representation at disciplinary appeal hearing

    This employment tribunal decision demonstrates that there are circumstances in which it is necessary for employers to allow employees to have legal representation at a disciplinary appeal hearing, following the Court of Appeal decisions in R (on the application of G) v Governors of X School and Y City Council [2010] IRLR 222 CA and Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA.

  • Date:
    22 January 2011
    Type:
    Law reports

    Apple's dismissal of employee for adverse Facebook comments not unfair or breach of human rights

    In this case, one of the world's most prominent consumer technology companies, Apple, used its policies and procedures to dismiss fairly an employee who had made several Facebook posts that it considered could damage its reputation.

  • Date:
    24 August 2010
    Type:
    Law reports

    Discipline: Private sector employee had no right to legal representation at disciplinary hearing

    In R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC, the High Court held that a social worker accused of withholding information about a child protection investigation, of which she was the subject, from her private sector employer was not entitled to legal representation at a disciplinary hearing.

  • Date:
    12 May 2010
    Type:
    Law reports

    Employee entitled to gist of evidence despite closed procedure

    The Court of Appeal has held that closed material procedures, which are often used in cases that involve national security interests, do not breach European law. However, it also held that, when such procedures are used, the employee must be provided with the gist of the closed evidence on which the employer seeks to rely. 

  • Date:
    10 March 2010
    Type:
    Law reports

    Disciplinary hearings: Employee was entitled to legal representation throughout disciplinary proceedings

    In R (on the application of G) v Governors of X School and Y City Council [2010] EWCA Civ 1 CA, the Court of Appeal held that a teaching assistant had a right under art.6 of the European Convention on Human Rights to legal representation during disciplinary proceedings following allegations of misconduct, in view of the possible consequences for his career if the allegation was proved.

  • Date:
    24 February 2010
    Type:
    Law reports

    Religious discrimination: Christian registrar disciplined for refusing to carry out civil partnership duties was not discriminated against unlawfully

    In Ladele v London Borough of Islington [2009] EWCA Civ 1357 CA, the Court of Appeal held that a registrar with strong Christian beliefs about marriage who was threatened with dismissal for refusing to carry out civil partnership work did not suffer unlawful religious discrimination.

  • Date:
    24 February 2010
    Type:
    Law reports

    Case of the week: Legal representation

    This week's case of the week, provided by Thomas Eggar, covers the right to legal representation.

  • Date:
    1 February 2010
    Type:
    Law reports

    Case round-up

    Susannah Jarvis (associate) and Kate Williams (professional support lawyer) at Addleshaw Goddard analyse important rulings.

  • Date:
    21 January 2010
    Type:
    Law reports

    R (on the application of G) v Governors of X School and Y City Council

    The Court of Appeal has held that an employee should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children.

  • Date:
    17 December 2009
    Type:
    Law reports

    Ladele v London Borough of Islington

    The Court of Appeal has held that a registrar who refused to conduct civil partnership ceremonies between same-sex couples on the grounds that to do so would violate her Christian beliefs was not discriminated against on the grounds of her religion.

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HR and legal information and guidance relating to human rights.