Friday 24 July 2009

Right to Legal Representation at Disciplinary Hearings

The Court of Appeal has handed down its decision in Kulkarni v Milton Keynes Hospital NHS Trust, which:-

a. is authority for the proposition that NHS doctors are entitled to legal representation if is authority for the proposition that NHS doctors are entitled to legal representation if facing charges of misconduct or capability, under the terms of their contract; and,

b. contains clear obiter suggesting that where disciplinary charges are of such gravity that someone might be unable to work in the future if the charges are proved, that person has a free-standing right to legal representation at internal disciplinary hearings under Art 6 of the European Convention on Human Rights.

This latter point has significant implications for all public sector workers, and is consistent with this decision of the High Court earlier in the year.

The solicitors for the Appellant, Radcliffes Le Brasseur, have put together an excellent case summary if you want to learn more about this case

1 comment:

Cool Cards said...

The pdf link to the "Radcliffes Le Brasseur, have put together an excellent case summary" is broken.
This is the correct one:
http://www.rlb-law.com/health-uploads/court-of-appeal-decision-in-the-case-of-dr-kunal-kulkarni-v-milton-keynes-hospital-nhs-foundation-trust.pdf

Via:
http://www.rlb-law.com/bulletins-and-briefings/healthcare-briefings-bulletins.asp

Is there anything further on this ruling?