Wednesday, 12 May 2010

Right to a Fair Trial Defence Applies in Criminal Proceedings but not in an Employment Tribunal

Right to a Fair Trial Defence Applies in Criminal Proceedings but not in an Employment Tribunal



12 may - The Right to challenge your accusers under the ECHR Article 6 does not apply in an employment tribunal...

In Power v Greater Manchester Police Authority EAT 29/04/2010 Mr Power claimed at an employment tribunal that Greater Manchester Police Authority dismissed him because of his spiritual beliefs. the Respondents argued that he was dismissed because of his conduct, namely, the disruptive way in which he practiced his beliefs.

HHJ Mc Mullen said:

'Mr Power does have....a right to a fair trial and in criminal proceedings a right to confront those who accuse him. However in civil proceedings, that is in an employment tribunal determining his rights, when he brings a claim of discrimination the proper approach is decide if it passes the prima facie test in Igen Ltd v Wong [2005] IRLR 258. Then the Respondent is called upon to provide an explanation. The explanation will be the less credible if relevant witnesses are not produced by the Respondent and are not there to support its case and, of course, cannot be cross-examined. That is not, it seems to us, a breach of a convention right nor is there a right to confront any particular witness when he accuses a corporate respondent of discrimination. The Art 6.3(d) right applies to the confrontation of accusers in a criminal process, not as a Claimant in a discrimination case'

http://www.bailii.org/uk/cases/UKEAT/2010/0087_10_2904.html

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