disciplinary procedures – Page 41 – Current Awareness

Royal Mail Ltd v Jhuti – Old Square Chambers

Posted December 8th, 2017 in disciplinary procedures, news, unfair dismissal, vicarious liability, whistleblowers by sally

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

I see you stand like greyhounds in the (procedural) slips – Blackstone Chambers

Posted December 8th, 2017 in disciplinary procedures, dogs, drug abuse, news, sport by sally

‘The principles of fair procedure ought to be well known to most sporting disciplinary bodies by now, but a case before the disciplinary and appellate bodies of the Greyhound Board of Great Britain (GBGB) illustrates how procedural slips can still occur, causing substantial unfairness to a person facing disciplinary action. The case also shows the power of a fair appellate body to put right procedural defects.’

Blackstone Chambers, 4th December 2017

Source: www.sportslawbulletin.org

Time Limits under the Human Rights Act 1998: what is a “course of conduct”? – Cloisters

Posted December 8th, 2017 in barristers, disciplinary procedures, human rights, limitations, news, Supreme Court by sally

‘Anna Beale discusses the Supreme Court’s interpretation of the time limit provisions contained in the Human Rights Act 1998 in O’Connor v Bar Standards Board [2017] UKSC 78.’

Cloisters, 7th December 2017

Source: www.cloisters.com

Supreme Court go-ahead for barrister’s race claim against regulator – Law Society’s Gazette

Posted December 7th, 2017 in appeals, barristers, disciplinary procedures, human rights, news, professional conduct, race discrimination, Supreme Court by sally

‘A practising barrister who alleges that her regulator discriminated against her on grounds of her race in bringing disciplinary proceedings has won the backing of the UK’s highest court. In O’Connor v Bar Standards Board, five Supreme Court justices unanimously granted Daphne Evadney Portia O’Connor’s appeal against a Bar Standards Board decision to strike out a claim that the BSB had acted unlawfully in charging her with professional misconduct.’

Law Society's Gazette, 6th December 2017

Source: www.lawgazette.co.uk

High Court criticises BSB for pursuing tougher sentence against barrister – Law Society’s Gazette

Posted December 7th, 2017 in barristers, disciplinary procedures, news, sentencing by sally

‘The bar regulator has been criticised after it failed to persuade the High Court that a disciplinary sanction against a barrister convicted of harassment should have been more severe.’

Law Society's Gazette, 6th December 2017

Source: www.lawgazette.co.uk

Supreme Court rules on time limitation for claims under the Human Rights Act – UK Human Rights Blog

Posted December 7th, 2017 in appeals, barristers, disciplinary procedures, human rights, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court has ruled that a barrister’s claim against the Bar Standards Board for discrimination should not be time barred under the one year limit prescribed by the Human Rights Act. In her case, the Court said, the time limit for bringing proceedings only started running when she successfully appealed against disciplinary action taken against her. The decision to bring disciplinary proceedings and the subsequent hearings were part of a single process, not a series of disparate acts which set the time limitation period running.’

UK Human Rights Blog, 6th December 2017

Source: ukhumanrightsblog.com

Tribunal berates “careless and disrespectful approach” of SRA and solicitors it was prosecuting – Legal Futures

Posted November 29th, 2017 in accounts, disciplinary procedures, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has criticised both the Solicitors Regulation Authority and two former directors of a Preston law firm for their “careless and disrespectful approach” in applying for approval of an ‘agreed outcome’ only a day before their hearing.’

Legal Futures, 29th November 2017

Source: www.legalfutures.co.uk

Strike-off for legal aid fraud solicitor who also let untraceable junior staff member into firm – Legal Futures

Posted November 28th, 2017 in conspiracy, disciplinary procedures, fraud, legal aid, news, solicitors, striking out by sally

‘The head of a Bradford law firm has been struck off after being convicted of conspiracy to defraud the Legal Aid Agency (LAA) and also failing to supervise an unpaid junior member of staff who is suspected of producing fraudulent decree absolutes – and whose surname nobody at the firm can remember.’

Legal Futures, 28th November 2017

Source: www.legalfutures.co.uk

SDT warns that revised dishonesty test could cause delays in trying solicitors – Legal Futures

Posted November 28th, 2017 in delay, disciplinary procedures, news, solicitors by sally

‘The recent Supreme Court ruling that changed the test of dishonesty could cause delays and more hearings at the Solicitors Disciplinary Tribunal (SDT), its chief executive has warned.’

Legal Futures, 27th November 2017

Source: www.legalfutures.co.uk

BSB to lower standard of proof in disciplinary cases as it names new chair – Legal Futures

Posted November 27th, 2017 in barristers, disciplinary procedures, news, professional conduct, standard of proof by sally

‘The standard of proof in disciplinary cases involving barristers is being lowered to the balance of probabilities following a decision yesterday by the Bar Standards Board (BSB).’

Legal Futures, 24th November 2017

Source: www.legalfutures.co.uk

The Problem of Iago: Bringing or Defending a Tainted Information Whistleblowing Claim Part 2 – Littleton Chambers

Posted November 24th, 2017 in disciplinary procedures, employment, news, whistleblowers by sally

‘In his last blog post, The Problem of Iago: Whistleblowing and tained information, Benjamin Gray considered the cases of Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17 and the difficulties faced by both claimants and respondents in ‘tainted information’, or ‘Iago’, cases, where employers are manipulated into dismissing employees by their co-workers.’

Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

Civil standard of proof set to be adopted for professional misconduct proceedings for barristers – Bar Standards Board

Posted November 24th, 2017 in barristers, disciplinary procedures, press releases, professional conduct, standard of proof by sally

‘Following a public consultation earlier this year, the Bar Standards Board (BSB) has decided to change the standard of proof applied when barristers, and others regulated by the BSB, face disciplinary proceedings for professional misconduct. Subject to approval from the Legal Services Board (LSB), the standard of proof will change from the criminal standard (“beyond reasonable doubt”) to the civil standard (“on the balance of probabilities”). The change will bring the Bar’s disciplinary arrangements in line with most other professions.’

Full press release

Bar Standards Board, 24th November 2017

Source: www.barstandsboard.org.uk

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by sally

‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’

Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

Liability of police misconduct hearings for discrimination – UK Police Law Blog

Posted November 10th, 2017 in disciplinary procedures, equality, immunity, news, police by sally

‘The Supreme Court has held in P v Commissioner of Police of the Metropolis [2017] UKSC 65, that police misconduct hearings no longer benefit from judicial immunity in respect of discrimination claims. They also held that the Chief Constable is vicariously liable for the discriminatory acts of such panels. However, the decision related to an internal panel under the old regime when a misconduct hearing panel was chaired by an assistant chief constable.’

UK Police Law Blog, 10th November 2017

Source: ukpolicelawblog.com

City firm fined record £500k over solicitor’s links with investment schemes – Law Society’s Gazette

Posted November 9th, 2017 in disciplinary procedures, fines, law firms, news, professional conduct, solicitors by sally

‘The Solicitors Disciplinary Tribunal today confirmed its largest-ever fine levied against a law firm in England and Wales.’

Law Society's Gazette, 8th November 2017

Source: www.lawgazette.co.uk

The FA v Cellino – Behind the headlines – Sports Law Bulletin from Blackstone Chambers

Posted November 8th, 2017 in appeals, commercial agents, disciplinary procedures, fees, fines, news, regulations, sanctions, sport, whistleblowers by sally

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

Sports Law Bulletin from Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Teacher who filmed up schoolgirls’ skirts will not face prosecution as judge rules it’s not illegal – The Independent

Posted November 8th, 2017 in crime, disciplinary procedures, news, professional conduct, school children, setting aside, sexual offences, teachers, video recordings, voyeurism by sally

‘An assistant headteacher who used his mobile phone to film up schoolgirls’ skirts will not face prosecution after a judge ruled his actions were not illegal.’

The Independent, 7th November 2017

Source: www.independent.co.uk

David Evans fined £3,000 in curious case of Black Dave and Tango Sky – The Guardian

Posted November 7th, 2017 in disciplinary procedures, fines, gambling, horse racing, news by sally

‘David Evans described as “very lenient” the fine of £3,000 meted out to him by racing’s ruling body after the trainer admitted he had delayed news of a non-runner in the hope of backing another horse in the same race at better odds. Evans staked £6,000 at 4-1 on Black Dave but lost his money when the horse, from his stable near Pandy in Monmouthshire, could finish only fourth.’

The Guardian, 6th November 2017

Source: www.theguardian.com

Teaching ban affirmed for world famous bassist after assault conviction – The Guardian

Posted November 3rd, 2017 in disciplinary procedures, news, sexual offences, teachers by sally

‘A music teacher convicted of indecently assaulting his students has been banned from teaching children following a long legal battle.’

The Guardian, 2nd November 2017

Source: www.theguardian.com

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