Professional regulatory monthly ebulletin - review
of May 2012
Welcome to our latest edition of the professional regulatory
law update, our at a glance guide to the important case law
and news in the Professional Regulation field during the previous
Our only case this month is Mattu v University Hospitals of
Coventry and Warwickshire NHS Trust  EWCA Civ 641. It
was, as identified in paragraph 48 of the judgment, an important
case for the purposes of all employment related disciplinary
proceedings. If it were the case that Art. 6 were engaged in such
decisions then not only would such decisions taken by public bodies
require an Art. 6 compliant tribunal to take the decision, but it
might also require Parliament to enact legislation to give effect
to that right by requiring even private employers to have Art. 6
compliant procedures. Ultimately the distinction between the
determination of a civil right and an internal decision about
whether a contract of employment had been breached was maintained
and employers can rest easy that their disciplinary procedures will
not be subject to the same scrutiny as 'proper' tribunals.
Please click on the links to view this month's key regulatory
case and press releases.
In this case it was held that Dr Mattu's dismissal by the Trust had not engaged Article 6 of the ECHR (the right to a fair hearing) as the Trust, despite being a public body, was exercising a contractual right, and had not determined any civil right of the doctor as he could still practice his profession elsewhere.
We highlight key press releases from May 2012, including those from Royal Pharmaceutical Society, GMC, NMC and GDC.
Please feel free to email Guy
Micklewright with any feedback in relation to
this month's update. Additionally, if you would like to receive
further information in relation to any of the cases or developments
referred to below, please email him and he will be pleased to
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