The full text of this judgment is available free of charge on the BAILII website.
Representation:
Mr Robert Gilbert instructed by Atha Barton & Co for Martina Kirk, the claimant
Mr Samuel Nicholls instructed by Royds Solicitors for Action for Children, the first interested party
Mr Adam Fullwood instructed by Lesley Wilson for the second defendant
other parties (Middlesborough BC and the General Social Care Council) did not attend and were not represented.
Authority for the proposition that:-
while it is now established law that an individual employed by a public body has the right to be legally represented at a disciplinary hearing where their employability in their profession is at stake, an individual working for a private body may not be permitted legal representation at her disciplinary hearing where her employability is not at stake.
For relevant general notes see Disciplinary procedures/Right to be accompanied and/or Human Rights/fair trial .
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prepared May2010