08th September 2010
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This month
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Legal updates
- TUPE in professional services e
- Right to be accompanied in disciplinary process
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Case archive
Enquiries
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Right to be accompanied in disciplinary process
R vs The Governors of X School and Y City Council
Key facts
The claimant was employed as a music assistant at X School and was subjected to a disciplinary process and police investigation following an allegation that he had kissed a 15 year old pupil. R asked to be represented by his lawyer in the disciplinary process and sought judicial review of the School’s refusal.
Decision
The High Court took the view that the gravity of the allegations and the potential impact of the outcome of the process (the School had sought R’s name being added to the sex offenders register in the event of a dismissal) were sufficient for R’s legal representatives to be allowed to attend the process.
Our view
The long standing right to accompaniment has always been limited to a work colleague or Trades Union official and R’s success in this case should not be seen as a blanket extension of the right. Employers dealing with potential dismissal cases where a regulator is likely to be involved in downstream sanctions should beware, however.
