Fair Procedures in UK Law

Leading Cases
  • Burger v The office of the Independent Adjudicator for Higher Education The London School of Economics (Interested Party)
    • Court of Appeal (Civil Division)
    • 23 Oct 2013

    The OIA was set up to provide speedy, effective and cost effective resolution of students' complaints. It was not set up as a court or tribunal or other judicial body. Any court asked to review its decisions must, therefore, act with caution. One must look to the nature of the complaint before the OIA and how the OIA responded in far more general terms than might be the case when reviewing a decision of a judge. Even if no errors had been made the result would have been the same.

  • R (Siborurema) v Office of the Independent Adjudicator for Higher Education
    • Court of Appeal (Civil Division)
    • 20 Dic 2007

    In its decision on complaints, OIA is expected to follow rational and fair procedures and to give adequate reasons for its decisions and recommendations. Thus the procedures followed and the decision letters which emerged can properly be scrutinised with that object in mind.

    It is for the OIA in each case to decide the nature and extent of the investigation required having regard to the nature of the particular complaint and on any application for judicial review the court should recognise the expertise of the OIA and is likely to be slow to accept that its choice of procedure was improper. Similarly, I should not expect the court to be easily persuaded that its decision and any consequent recommendation was unsustainable in law.

  • Eastwood v Magnox Electric Plc
    • House of Lords
    • 15 Jul 2004

    An employee's remedy for unfair dismissal, whether actual or constructive, is the remedy provided by statute. If before his dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action remains unimpaired by his subsequent unfair dismissal and the statutory rights flowing therefrom. By definition, in law such a cause of action exists independently of the dismissal.

  • R v H and Another
    • House of Lords
    • 05 Feb 2004

    The problem of reconciling an individual defendant's right to a fair trial with such secrecy as is necessary in a democratic society in the interests of national security or the prevention or investigation of crime is inevitably difficult to resolve in a liberal society governed by the rule of law. It is not surprising that complaints of violation have been made against member states including the United Kingdom, some of which have exposed flaws in or malfunctioning of our domestic procedures.

  • Secretary of State for the Home Department v AF (No 3)
    • House of Lords
    • 10 Jun 2009

    The best way of producing a fair trial is to ensure that a party to it has the fullest information of both the allegations that are made against him and the evidence relied upon in support of those allegations. How that conflict is to be resolved is a matter for Parliament and for government, subject to the law laid down by Parliament.

  • R v Secretary of State for the Home Department, ex parte Pierson
    • House of Lords
    • 24 Jul 1997

    Where wide powers of decision-making are conferred by statute, it is presumed that Parliament implicitly requires the decision to be made in accordance with the rules of natural justice: Bennion (supra), p. 737. However widely the power is expressed in the statute, it does not authorise that power to be exercised otherwise than in accordance with fair procedures. Those requirements were not expressed in the statutory words but were presumed to be imported into them.

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  • Small Business, Enterprise and Employment Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... Review of business appeals procedures Review of business appeals procedures . S-17 . Review of regulators' ... of the kind mentioned in subsection (2)(a) are accessible and fair to businesses;. . . (b) recommendations to the relevant regulator about ......
  • The Employment (Northern Ireland) Order 2003
    • UK Non-devolved
    • 1 de Enero de 2003
    ...... . . 8. . Costs, expenses and allowances . . PART III . FAIR EMPLOYMENT TRIBUNAL REFORM . . 9. . Power to delegate prescription of ... . PART IV . DISPUTE RESOLUTION, ETC. . Statutory procedures . . 15. . Statutory dispute resolution procedures . . . 16. . ......
  • Constitutional Reform and Governance Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... . (5) The Commission-. . . (a) must determine procedures for the making of complaints and for the investigation and consideration ... . (2) A person's selection must be on merit on the basis of fair and open competition. . (3) The following selections are excepted from ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... of these Rules is to enable Employment Tribunals to deal with cases fairly and justly. Dealing with a case fairly and justly includes, so far as ... The Tribunal may use the procedures for obtaining evidence prescribed in Council Regulation  (EC) No. ......
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Books & Journal Articles
  • Pre‐Trial Defence Rights and the Fair Use of Eyewitness Identification Procedures
    • Núm. 71-3, Mayo 2008
    • The Modern Law Review
    This paper sets out the normative basis of a claim to procedural rights concerning the fair use of eyewitness identification procedures. It is argued that there are two aspects to suspects' procedu...
  • Reviews
    • Núm. 62-6, Noviembre 1999
    • The Modern Law Review
    Books reviewed: Sandra Berns and Paula Baron Company Law and Governance: An Australian Perspective Nicola Lacey Unspeakable Subjects: Feminist Essays in Legal and Social Theory Peter Birks (ed) Pri...
    ......Rosalind English* D. J. Galligan , Due Process and Fair Procedures: A Study of Administrative Procedures , Oxford: Clarendon ......
  • Exploring equal value dispute procedures. Power and conflict under Labour
    • Núm. 26-4, Agosto 2004
    • Employee Relations
    • 392-403
    The paper seeks to draw attention to the complexity involved in developing fair procedures for assessing equal value in employment. It first highlights different aspects of fairness in relation to ...
    ......, Glasgow, UK Keywords Equal pay, Conflict, United Kingdom Abstract The paper seeks to draw attention to the complexity involved in developing fair procedures for assessing equal value in employment. It first highlights different aspects of fairness in relation to employment procedures and some ......
  • Do teachers misbehave? Aggression in school teams
    • Núm. 53-6, Septiembre 2015
    • Journal of Educational Administration
    • 755-772
    Purpose: – Despite growing research on school aggression, significant gaps remain in the authors’ knowledge of team aggression, since most studies have mainly explored aggression on the part of stu...
    ...... of team aggression and develop a supportive climate characterized by fair procedures and respect. Originality/value – A review of the literature ......
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Law Firm Commentaries
  • Redundancy: Guidance for Employers on Following a Fair Procedure
    • JD Supra United Kingdom
    Continuing economic uncertainty presents employers with challenging employment decisions and on occasion the need to conduct redundancy exercises. A number of cases over the last couple of years ha...
    ...... provides a reminder o f the basic procedure that an employer must follow to effect a fair r edundancy, summarises recent cases on these procedures and highlights the key lessons to be drawn by employers in order to follow fair redundancy proc esses. Effecting a F air D ismissal by R eason ......
  • BBA updates Lending Code
    • JD Supra United Kingdom
    BBA and the UK Cards Association have published a revised version of the Lending Code. This self-regulatory code sets standards of good practice when dealing with consumers, micro-enterprises and s...
    ...... . removes reference to the Financial Services Authority/Office of Fair Trading;. . reflects FCA’s role as regulator of the consumer credit ......
  • UK banks commit to dispute resolution processes for larger SMEs, including legacy complaints
    • JD Supra United Kingdom
    In March 2018, UK Finance commissioned an independent review of the complaints and resolution landscape for UK SMEs from Simon Walker CBE, Professor Christopher Hodges and Professor Robert, who pub...
    ...... SME disputes that remain unresolved through existing complaints procedures and may be unsuitable for court process. In order to achieve fair outcomes ......
  • Governing Bodies' Disciplinary Procedures - (The Sport Lawyer)
    • Mondaq United Kingdom
    ...Historically, the courts have been reluctant to overturn decisions of a Sport's Governing Body (GB) for want of fair or rational decisions: it is generally accepted that sport has the necessary expertise to deal with its own disciplinary issues. As Lord Denning ......
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