18-07-2012

Court of appeal rules disciplinary hearings do not determine civil rights

A doctor’s internal disciplinary hearing does not involve a determination of his civil rights within the meaning of Article 6 of the ECHR. There is no evidence that a doctor’s ability to practise his profession was seriously affected by his conduct-related dismissal but even if it was, Article 6 cannot attach to the exercise by an employer of his contractual powers. The employer had complied with the contractual disciplinary procedure and had not acted unfairly in refusing to adjourn the hearing.