disciplinary procedures – Page 53 – Current Awareness

Adesina v Nursing and Midwifery Council; Baines v Same – WLR Daily

Posted July 12th, 2013 in appeals, disciplinary procedures, law reports, nurses, time limits by tracey

Adesina v Nursing and Midwifery Council; Baines v Same: [2013] EWCA Civ 818; [2013] WLR (D) 273

“The time limit of 28 days to lodge an appeal from a decision of the Nursing and Midwifery Council to strike off or discipline a nurse was subject to a discretion which would only arise in exceptional circumstances and where the appellant personally had done all she could to bring the appeal in time.”

WLR Daily, 9th July 2013

Source: www.iclr.co.uk

Teacher struck off register over sex with pupil, 16 – The Guardian

Posted June 27th, 2013 in disciplinary procedures, disqualification, news, professional conduct, school children, teachers by sally

“A woman who had sex with a 16-year-old school pupil has been struck off the teaching register by a disciplinary panel.”

The Guardian, 26th June 2013

Source: www.guardian.co.uk

Magistrate suspended after telling court how cannabis killed her brother – Daily Telegraph

Posted June 24th, 2013 in disciplinary procedures, drug offences, magistrates, news, professional conduct, sentencing by sally

“A magistrate has been reprimanded for highlighting the dangers of cannabis after her own brother’s addiction to the drug led to his death.”

Daily Telegraph, 24th June 2013

Source: www.telegraph.co.uk

Essex ambulance ‘have a fag’ paramedic struck off – BBC News

Posted June 21st, 2013 in disciplinary procedures, disqualification, news, paramedics, professional conduct by tracey

“A paramedic who told a vulnerable man suffering a seizure to ‘have a drink and a fag’ has been struck off.”

BBC News, 20th June 2013

Source: www.bbc.co.uk

Pathologist who botched G20 post-mortem abandons appeal against being struck off – The Independent

Posted June 20th, 2013 in appeals, disciplinary procedures, disqualification, news, pathologists, professional conduct by sally

“The pathologist who botched the post-mortem of a man struck by a policeman at G20 protests in 2009 has abandoned his appeal against being struck off.”

The Independent, 19th June 2013

Source: www.independent.co.uk

SDT rulings send out warning to law firms over relationships with debt recovery companies – Legal Futures

Posted June 17th, 2013 in charities, consumer credit, consumer protection, debts, disciplinary procedures, fines, law firms, news, professional conduct, Solicitors Regulation Authority by sally

“Law firms must not allow arrangements with debt recovery companies to compromise their independence, the Solicitors Regulation Authority (SRA) has warned, after two solicitors were fined heavily for allowing litigation to be carried out in their name.”

Legal Futures, 17th June 2013

Source: www.legalfutures.co.uk

Can an employer increase the sanction for misconduct on appeal? – UK Human Rights Blog

Posted June 12th, 2013 in appeals, disciplinary procedures, doctors, news, penalties, professional conduct by sally

“The answer of the Court was that clear and express words in the contract would be required in order to confer a power to increase a sanction on an Appeal Panel.”

UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Teacher caught with child abuse images can work in schools, panel rules – The Guardian

Posted June 6th, 2013 in cautions, disciplinary procedures, indecent photographs of children, news, professional conduct, teachers by sally

“A teacher sacked for possessing indecent images of children should be allowed to return to work in schools, a panel has ruled.”

The Guardian, 6th June 2013

Source: www.guardian.co.uk

Diplomat awarded £300,000 following accusations of inappropriate behaviour – Daily Telegraph

Posted June 5th, 2013 in appeals, costs, damages, disciplinary procedures, government departments, news, unfair dismissal by sally

“A former diplomat has won £320,000 from the government after he was accused of behaving ‘inappropriately’ towards a senior politician’s wife.”

Daily Telegraph, 4th June 2013

Source: www.telegraph.co.uk

Cricket disciplinary appeal is an Arbitration – Sports Law Bulletin from Blackstone Chambers

Posted May 15th, 2013 in appeals, arbitration, disciplinary procedures, news, sport, witnesses by sally

“The Commercial Court has ruled that Pakistani international bowler, Danish Kaneria’s appeal proceedings against his life time ban for involvement in spot-fixing under the ECB’s Disciplinary Regulations are an “arbitration” for the purposes of the Arbitration Act 1996. The decision is a momentous one for sports’ lawyers and governing bodies, not least in terms of the Court’s supervisory role over sporting bodies’ disciplinary procedures and the ability to rely on a Court to entertain appeals from, and make ancillary orders in support of, those processes.”

Sports Law Bulletin from Blackstone Chambers, 13th May 2013

Source: www.sportslawbulletin.org

Failure to comply with the ACAS Code – Employment Law Blog

Posted May 14th, 2013 in arbitration, codes of practice, disciplinary procedures, employment, employment tribunals, news, teachers by sally

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Polish doctor struck off after patient death – Daily Telegraph

Posted May 3rd, 2013 in disciplinary procedures, disqualification, doctors, news by tracey

“A Polish doctor has been struck off after scoring less than 20 per cent in a
performance test.”

Daily Telegraph, 3rd May 2013

Source: www.telegraph.co.uk

High Court backs ban against teacher who condemned ‘homosexual lifestyle’ – The Independent

Posted April 12th, 2013 in disciplinary procedures, freedom of expression, homosexuality, human rights, news, professional conduct, teachers by sally

“The High Court has upheld a classroom ban on a Christian school teacher who condemned the ‘homosexual lifestyle’ in front of pupils.”

The Independent, 12th April 2013

Source: www.independent.co.uk

Teacher Amanda Whitfield who force-fed custard is banned – BBC News

Posted April 12th, 2013 in disciplinary procedures, news, special educational needs, teachers by sally

“A teacher who force-fed custard to a special needs child has been banned following a disciplinary hearing.”

BBC News, 11th April 2013

Source: www.bbc.co.uk

Marine fined £300 for wearing dress uniform and medals to which he was not entitled at family wedding – The Independent

Posted April 10th, 2013 in armed forces, disciplinary procedures, fines, impersonation, news by sally

“A Royal Marine corporal who wore the uniform of a sergeant and medals he was not entitled to at a family wedding to ‘big it up and impress his family’ was fined £300 today.”

The Independent, 9th April 2013

Source: www.independent.co.uk

Another Distinction Between Professional Disciplinary Proceedings and Internal Employment Disciplinary Hearings: Christou v London Borough of Haringey – Littleton Chambers

Posted March 21st, 2013 in appeals, disciplinary procedures, employment, local government, news, professional conduct by sally

“If an individual has already been charged and given a warning for misconduct in a disciplinary process, can that process later be reopened, re-run and the individual dismissed for the same charge on the same evidence?”

Littleton Chambers, 14th March 2013

Source: www.littletonchambers.com

Stafford hospital nurse who treated overdose twins allowed to keep working – The Guardian

Posted March 15th, 2013 in disciplinary procedures, news, nurses by tracey

“A nurse who helped treat twins who died from a huge overdose of morphine at the scandal-hit Stafford hospital has been allowed to keep working.”

The Guardian, 15th March 2013

Source: www.guardian.co.uk

Christou and another v Haringey London Borough Council – WLR Daily

Posted March 15th, 2013 in abuse of process, appeals, disciplinary procedures, estoppel, law reports, local government, unfair dismissal by tracey

Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178; [2013] WLR (D) 97

“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”

WLR Daily, 12th March 2013

Source: www.iclr.co.uk

Patrick O’Brien: When Judges Misbehave: The Strange Case of Jonah Barrington – UK Constitutional Law Group

Posted March 8th, 2013 in disciplinary procedures, judges, news by tracey

“The recent high profile arrest of a part-time recorder, Constance Briscoe, in connection with the Vicki Pryce trial gives me a tenuous topical link to judicial discipline and nineteenth century case of Sir Jonah Barrington, still the only High Court judge to have been dismissed from office. Disciplinary proceedings against a judge are relatively rare and dismissal of a permanent salaried judge is almost unheard of.”

UK Constitutional Law Group, 7th March 2013

Source: www.ukconstitutionallaw.org/blog

Internal Disciplinary Hearings and Injunctions – Littleton Chambers

Posted February 27th, 2013 in confidentiality, contracts, disciplinary procedures, hospitals, injunctions, mental health, news by sally

“Dr Chhabra is a consultant psychiatrist at Broadmoor Hospital. She was alleged by a member of the public to have breached patient confidentiality whilst travelling on a train (an allegation that might cause lawyers who work on trains pause for thought…). Her employer Trust appointed an outside psychiatrist to investigate the allegations under the Trust’s procedures, implementing ‘Maintaining High Professional Standards in the Modern NHS’. The case manager, on reviewing the investigator’s report, decided that the matter should be brought before a disciplinary hearing at which Dr. Chhabra would face allegations of gross misconduct that may have led to dismissal. Separately the Trust referred capability concerns relating to Dr. Chhabra that had also been considered in the investigator’s report, to the National Clinical Assessment Service (‘NCAS’).”

Littleton Chambers, 12th February 2013

Source: www.littletonchambers.com

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