Our dedicated employment department at Michael Lewin Solicitors can assist if you are a professional facing disciplinary proceedings before a regulatory body or disciplinary tribunal.
Roles such as solicitors, police officers, teachers, social workers, doctors, nurses, dentists and sports professionals require continued adherence to standards and codes of conduct both within and beyond their workplace, set by their respective professional regulatory bodies. Failure to adhere to such standards may lead to suspension or being struck off their register.
Compliance failures may be related to inappropriate or unlawful activities (such as fraud, assault or inappropriate relationships) or incompetency.
As such proceedings can not only seriously affect a professional’s career but in some cases end it, it is imperative that professionals seek specific legal advice.
In usual investigation and/or disciplinary hearings ACAS guidance sets out that employees should be allowed to bring a work colleague or trade union representative to any meetings. However, case Law suggests that in professional disciplinary matters, if the outcome could be so serious that it could impact upon the employee’s ability to continue in their chosen profession, employees should be allowed to be accompanied by a solicitor due to the seriousness of the potential sanctions.
Our team can provide advice to individual professionals or the regulatory body itself. In the most serious of cases, injunctive relief can be sought to ensure that full and fair investigations and procedures are carried out and this is something else that we can assist with. The injunction legally compels the employer to keep the employee employed until the disciplinary has been fairly concluded. An injunction may prevent all possible breaches of a disciplinary procedure or prevent the disciplinary hearing itself going ahead.
If you are facing a professional disciplinary, or you work for a regulatory body and require advice on holding one, please do not hesitate to contact us for further details.