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Checking criminal records breaches right to respect for private life

Bircham Dyson Bell
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United Kingdom
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April 4 2013

The current statutory scheme for checking criminal records requires the blanket disclosure of all spent warnings, convictions and cautions in

Planning permission granted during a local election ‘purdah period’ is upheld by the Court of Appeal

Bircham Dyson Bell
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United Kingdom
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August 15 2008

A recent, unusual planning case involving Redcar and Cleveland Borough Council has raised some interesting issues about decision making in local government around the time of local elections

Rule against cornrows discriminatory

Bircham Dyson Bell
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United Kingdom
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August 5 2011

In a case which has attracted much press attention, the High Court held in G v Head Teacher and Governors of St Gregory’s Catholic Science College that the school’s ban on boys wearing cornrow hairstyles (instituted to reduce the risk of gang culture and ethnic tensions) was indirectly discriminatory on the ground of race and could not be justified

When is it appropriate to suspend an employee or report a matter to the police?

Bircham Dyson Bell
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United Kingdom
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March 27 2012

A recent case looked at how employers should deal with allegations of misconduct that could affect an employee's future career and when it is appropriate to suspend an employee, or involve the police

Public Bodies Bill completes public bill committee stage

Bircham Dyson Bell
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United Kingdom
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October 14 2011

After 8 sittings, from 8 September to 11 October, consideration of 70 odd amendments, 10 new clauses and one new Schedule, and seven divisions on particular proposals, the Public Bodies Bill has now emerged from its Public Bill Committee in the Commons

Dismissal of claim challenging civil service reforms

Bircham Dyson Bell
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United Kingdom
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October 31 2011

The High Court has dismissed a challenge brought by unions that the reforms of the Civil Service Redundancy Scheme were in breach of Human Rights legislation

Exile of the Chagos Islanders: an abuse of power

Bircham Dyson Bell
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United Kingdom
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November 7 2007

The willingness of the courts to review powers exercised under the royal prerogative was reaffirmed in the decision in the case of the Chagos Islanders

Supreme Court rules on legal representation at disciplinary hearings

Bircham Dyson Bell
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United Kingdom
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August 5 2011

The Supreme Court has heard the appeal in R (on the application of G) v Governors of X School 2011 UKSC 30 brought by a School against a decision by the High Court (upheld by the Court of Appeal) that G, a teacher accused of inappropriate sexual misconduct with a pupil, should be entitled to legal representation at his disciplinary hearing

Hearsay evidence not admissible

Bircham Dyson Bell
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United Kingdom
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August 5 2011

The Administrative Court has held to be ‘irrational’ and a breach of Article 6 of the ECHR a decision by the General Medical Council (GMC) to admit hearsay evidence when such evidence would not be admissible under the criminal laws of evidence

Union acceptance of collective redundancy procedure results in reduction of protective award

Bircham Dyson Bell
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United Kingdom
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December 2 2010

In Lancaster University v The University and College Union the EAT held that where a union had accepted a flawed notification and consultation procedure for university staff on fixed term contracts over a period of twelve years, a tribunal was correct in reducing protective awards from 90 days' pay to 60 days