Sam Stein QC
“Get a top disciplinary tribunal barrister on your side from day 1”
Where an employer or organisation believes that one of its employees has acted unlawfully, against the terms of their contract, or in gross negligence of their capacity as employee, they may seek to take action. In the case of employees that are considered to be regulated professionals, this can mean a difficult disciplinary tribunal hearing.
The aim of the hearing is to determine the facts, and to determine whether the employee has a case to answer, before subsequently determining what action will be taken. Your employment, your livelihood, and even your family life could be in danger as a result of a tribunal, so employing the services of a qualified and experienced lawyer is important. Ideally, you should contact a lawyer as soon as you are made aware that you will be facing a tribunal, although it is never too late to instruct one to work on your behalf.
Healthcare professionals are among those that face tribunals most often. Such tribunals can include fitness to practice hearings, as well as general tribunals. The potential outcome at one of these tribunals is that you lose your licence to practice. Subsequently, this means loss of employment, loss of earnings, and worse. Solicitors, those working within the financial sector, and professionals that are licenced by the Security Industry Authority may also be called in front of a disciplinary tribunal.
The tribunal board will decide whether an allegation is proved, and even baseless and false allegations can sometimes make it to the tribunal stage. More likely, however, is that these cases will be investigated before reaching tribunal stage, and if the regulatory body, or its representatives, do not believe that any of the allegations made are true, then they will not normally call a tribunal.
There is much at stake with a disciplinary tribunal. Sanctions may be placed against your ability to practice, you may lose your licence altogether, and the tribunal may even decide that legal action should be taken. The outcome is dependent on your defence, and this means that it is vital that you have a strong, solid, experienced legal team working on your case.
© 2014 Sam Stein QC