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In this case a teacher was dismissed after allegations of indecency. The school reported the outcome of the disciplinary hearing to ISA, the Independent Safeguarding Authority, which had the power to place the teacher on a barred list to prevent him teaching in schools. The teacher challenged the refusal to allow him legal representation at the disciplinary hearing held by the school. The Supreme Court  held that there is no right under Article 6 of the ECHR to legal representation at a disciplinary hearing where dismissal could lead to a process capable of barring an individual from a profession, where the barring decision is sufficiently independent of the dismissal decision.

The caveat [see italics] is important and employers should be aware that where a decision in one set of proceedings impacts on another decision involving a person’s civil rights, then the right to a fair hearing [and by implication the right to legal representation at the disciplinary hearing] may be invoked.

Case reference: R (on the application of G) v The Governors of School X.

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