Disciplinary Panels and the Human Rights Act

Employers are used to facing challenges from employees that the manner of their dismissal has in some way run contrary to the provisions of the Human Rights Act. The Administrative Division of the High Court recently determined such a case in Rajiv Purie v Bradford Teaching Hospitals Foundation Trust.

The Claimant was a consultant physician who was disciplined and dismissed for serious misconduct. He was given the right to appeal before a disciplinary panel which was established in accordance with the Trusts' disciplinary procedures applicable to doctors (which mirrored national guidance). This appeal panel was composed of two Trust employees and one non executive director. They rejected the Claimant's appeal.

The Claimant, believed that his dismissal would deprive him (or at least seriously impair) his ability to continue practising his profession. In view of this, the Claimant argued that Article 6 of the European Convention of Human Rights was applicable. Article 6 is the right to a fair trial which, the Claimant argued, meant that his case at both the disciplinary and appeal stages should have been heard by panels that were entirely independent of his employer.

The High Court disagreed saying that even where an employee could be deprived at the right to practice their profession an external panel was not necessary provided that the panel used was sufficiently fair and impartial. The Court also concluded that in any event the dismissal did not necessarily mean that the Claimant would not be able to continue practising his profession and he should still be able to obtain employment as a consultant.

This does mean that employers can keep to their current practice of holding disciplinary hearing before internal disciplinary and appeal panels. However, to avoid breaching Article 6, employers should consider on a case by case basis whether any panel members may be particularly biased against an employee. In such a situation an employer should give consideration to using a different panel member if feasible. This is particularly applicable where professional employees are concerned and their future job prospects might be severely diminished by dismissal.

For more information on the above or for advice on any other employment issue please contact our employment department on 020 7354 3000 or e-mail employment@colmancoyle.com

Author Profile: David Malamatenios
Date published: 16th May 2011