Posted by Gemma Ospedale, Partner
Dismissal procedure and legal representation
In Ministry of Justice v Parry the EAT overturned a Tribunal decision which held that the dismissal of a District Probate Registrar created a legal barrier to her working in her profession and that, as such, Article 6 of the European Convention on Human Rights was engaged in the dismissal procedure. The EAT went on to hold that even if Article 6 was engaged, failure to allow legal representation does not automatically mean that the dismissal would be unfair; the key question was whether, overall, the procedure in dismissal was fair.