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Court of Appeal says Human Rights Act not engaged at internal disciplinary hearings

Mills & Reeve LLP
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United Kingdom
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June 15 2012

An employer does not need to comply with the procedural requirements of Article 6 of the Human Rights Convention when dismissing a member of staff, according to the Court of Appeal in last month’s decision involving the dismissal of an NHS doctor

Holiday pay decision from Europe gives public sector workers a boost

Mills & Reeve LLP
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European Union, France
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February 2 2012

In a French reference involving the holiday entitlement of a worker on sick leave, the European Court of Justice has decided that workers in the public sector can rely on the Directive in claims against their employer

Cameron backs protected conversations to boost employment

Mills & Reeve LLP
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United Kingdom
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November 15 2011

In a speech last week about boosting exports the Prime Minister confirmed that the Government would be consulting about “protected conversations”, an idea first floated last month by Deputy Prime Minister Nick Clegg

Supreme Court narrows scope of Article 6 in school disciplinary case

Mills & Reeve LLP
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United Kingdom
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July 12 2011

The Supreme Court has reversed the Court of Appeal's decision that a teaching assistant accused of sexual misconduct was entitled to legal representation at a disciplinary hearing before the school's governors

No right to legal representation at school disciplinary hearing after all

Mills & Reeve LLP
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United Kingdom
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June 30 2011

The Supreme Court has reversed the Court of Appeal’s decision that a teaching assistant accused of sexual misconduct was entitled to legal representation at a disciplinary hearing before the school’s governors

Shoesmith case illustrates high cost of ignoring due process

Mills & Reeve LLP
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United Kingdom
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June 2 2011

Last week's Court of Appeal judgment finds that the then Education Secretary Ed Balls acted unlawfully in removing Sharon Shoesmith from her post as Director of Children's Services, and that Haringey Council also acted unlawfully when it went on to terminate her underlying contract of employment without notice

Equal pay and the public sector equality duties

Mills & Reeve LLP
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United Kingdom
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February 23 2011

The provisions of the Equality Act 2010 that set out the new unified public sector equality duty will be brought into effect on 6 April

Almost everything now in place for new equality duties

Mills & Reeve LLP
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United Kingdom
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February 11 2011

Recently published draft regulations and guidance have clarified the scope of the duties to promote equality imposed on public sector bodies which will come into effect from 6 April

ISA’s barring scheme in breach of human rights act

Mills & Reeve LLP
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United Kingdom
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December 10 2010

November's judicial review by the RCN has overturned a key feature of the barring system introduced last year under the Safeguarding Vulnerable Groups Act

Council should have used public law powers to support head

Mills & Reeve LLP
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United Kingdom
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September 23 2010

The Court of Appeal has confirmed that a local education authority was negligent in allowing a "dysfunctional form of governance" to continue at one of its maintained primary schools and has upheld an award of nearly £400,000 in personal injury damages to Erica Connor, the head teacher at the eye of the storm

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