In limited circumstances employees may be entitled to be accompanied by a lawyer at their disciplinary hearing rather than a work colleague or trade union representative.

  • This case involved a male music assistant who had been accused of kissing a 15 year old boy.
  • The school had to report the claimant to the Secretary of State for Children School and Families to consider whether he should be put on the register as someone who is unsuitable to work with children.
  • The claimant argued it was a breach of Article 6 of the ECHR (right to a fair trial) to be denied legal representation at the internal disciplinary hearings.

The High Court held that the employee was entitled to be represented by a lawyer. The Court gave consideration to Article 6 and stated that the disciplinary procedures should be viewed as part of the same procedures relating to entry on the register of unsuitable people to work with children.

The school has been granted leave to appeal.

R (on the application of G) v The Governors of X School