One wrong doesn`t make a Human Right
27 April 2011
Where an employee faces losing not only their job, but also their ability to practice their profession as a result of disciplinary proceedings, it is a serious matter. With so much at stake, previous case law has established that Article 6 (the right to a fair & public hearing) of the European Convention of Human Rights applies to internal disciplinary proceedings (at least in the public sector).
However, as the latest High Court decision in Puri v Bradford Teaching Hospitals NHS Foundation Trust (2011)
illustrates, Article 6 won`t automatically apply to disciplinary hearings involving professional employees. Indeed, Article 6 will not be engaged where the outcome of disciplinary proceeding merely make it more difficult (but not impossible) for an employee to continue practising their profession. In this case Mr Puri, a surgeon, was dismissed by the NHS following allegations of rudeness and aggression to colleagues. Whilst the court accepted it would be difficult for him to return to work in the NHS, he retained his right to practice, and was able to work in the private sector. As such, there was no need for his dismissal to comply with Article 6.
Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
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