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Category Archives: human rights

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  2. Category "human rights"

rights to a hearing by an impartial and independent tribunal

disciplinary hearings, human rightsBy Martin MaloneJune 29, 2012

Mattu v The University Hospitals of Coventry and Warwickshire NHS Trust [2011] EWHC 2068 (QB) is a useful case looking at the extent to which Article 6 rights under the European Convention on Human Rights will be engaged in NHS disciplinary procedures. It concerns a consultant dismissed for misconduct by the Chief Executive of the…

illegal working and employment rights

human rights, illegal contracts, immigrationBy Martin MaloneJune 29, 2012

Illegal working and eligibility for employment protection is another topic which seems to have been keeping the courts busy this year. Possibly a reflection of a wider issue concerning the composition of the workforce, some of the working practices which have been disclosed in these cases give serious cause for concern. In March we reported…

more about domestic workers, unfair dismissal and illegal contracts

human rights, illegal contracts, immigration, unfair dismissalBy Martin MaloneMarch 23, 2012

Last month we reported the decision in Jose v Julio (and other linked cases) concerning au pairs and the minimum wage. This month sees a new case looking at the position of a domestic worker from overseas and the extent to which she could benefit from UK employment law rights. The complications in Zarkasi v…

right to legal representation at a disciplinary hearing

disciplinary hearings, employment law, human rights, judicial reviewBy Martin MaloneJuly 19, 2011

Since September 2000 the basic rule has been that a worker (as defined) has the right to be accompanied by a fellow worker or trade union representative at an employer’s internal disciplinary or grievance hearing.  The companion does not have the right to answer questions on behalf of the worker but does have the right …

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