header-logo header-logo

15 June 2012
Issue: 7518 / Categories: Features , Disciplinary&grievance procedures , Employment
printer mail-detail

Six, all out

How does Art 6 of the Convention apply to employers’ disciplinary proceedings, ask Alex Leslie & Stewart Duffy

Dr Mattu’s appeal against the decision of Mr Timothy Straker QC, sitting in the High Court, dealt with an issue of general interest, the applicability of Art 6 of the European Convention of Human Rights (the Convention) to employers’ disciplinary proceedings. It also deals with an issue of practical interest to those dealing with NHS disciplinary proceedings against medical staff, namely when the trust should include a medical member on the disciplinary panel.

Background

Mattu was employed in the NHS as a consultant cardiologist at Walsgrave Hospital in Coventry by the NHS trust and held an associated honorary research post at Warwick University from 1998. He was suspended from work in 2002 by the NHS trust, the allegations were investigated, the suspension was lifted in 2007, and he was given a warning in April 2008. He required re-skilling. There was then disagreement between Mattu and the NHS trust about the nature of the re-skilling programme.

By

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll