Human rights and disciplinaries

The Scottish Court of Session has ruled that anyone at risk of losing their job through disciplinary measures has the right to a "fair trial". Under the Human Rights Act a "fair" trial means a hearing that at least meets the standards applicable in the civil courts.

However, the court also ruled that the actual disciplinary hearing need not be the one to fulfil the fair-trial criteria if the employee has a right of appeal to a judicial body.

Tehrani v UK Central Council for Nursing, Midwifery and Health Visiting (2001) IRLR 208