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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47881
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can you use article 6 human rights for the unfair

Resolved Question:

Can you use article 6 human rights for the unfair disciplinary hearing for employment cases ?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Are you employed by a public sector employer?

Customer: replied 11 months ago.
Expert:  Ben Jones replied 11 months ago.

Article 6 provides certain basic human rights, including the right to a fair trial. Therefore, thee have been attempts to argue that an unfair disciplinary process in employment would breach the basic right to have a fair trial. However, this has been through the courts in the past and they have ruled that Article 6 does not apply to internal disciplinary proceedings in employment settings.

In the latest case involving an NHS Trust, the Court of Appeal decided that disciplinary proceedings did not engage Article 6 as they involved the employer exercising a contractual power and not the determination of a civil right.

Therefore, the fairness of disciplinary proceedings is not a human rights issue and will be determined by what is contractually in place and under usual fairness requirements such as the ACAS Code and general principles determining fairness of dismissals.

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