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Bring a lawyer

Recent cases have increased the right to legal representation for employees facing disciplinary proceedings. Sean Reynolds reports

11 May 2010

G, a teacher, had his name placed on the statutory register of persons prohibited from teaching or working with children known as ‘List 99’ – as per section 142 of the Education Act 2002 – after he was found guilty of sexual impropriety. Ahead of the proceedings that lead to this decision, G had asked the school for permission to be represented by a lawyer at the disciplinary hearing. The request was refused and the hearing went ahead, resulting in a finding that the sexual impropriety had occurred. G was also dismissed.

The High Court held that G should have been permitted legal representation. This decision was confirmed on appeal in G v X and Y [2010] EWCA Civ 1 (see Solicitors Journal 154/3, 26 January 2010). The Court of Appeal had earlier considered a similar situation in Kulkarni v Milton Keynes NHS Trust [2009] EWCA Civ 789 (see solicitorsjournal.com, 28 July 2009) – which concerned a doctor accused of professional misconduct – and had hel...

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