Commentary

(a) Contrasting Court of Appeal cases

Division AII Contract of Employment
| Commentary

(a) Contrasting Court of Appeal cases

| Commentary

(6)     A right to legal representation?

The introduction of statutory rights of accompaniment (see para [367]), has not meant that the common law has been completely supplanted. The principles of natural justice, in particular, are often prayed in aid by employees seeking greater procedural protection in disciplinary situations. In particular, the period since 2009 has seen much litigation on the question whether there is any implied right to legal representation in disciplinary proceedings, particularly by application of art 6 of the European Convention on Human Rights (see Q [1088.22]) or because denial of legal representation may in the circumstances undermine mutual trust and confidence. The principal authority on the Convention point is now R(G) v Governors of X School

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