News
U.K. case casts doubt on duty of basic fairness to employees
The right to fair treatment of employees which is generally considered a basic right in employment situations came under scrutiny in a recent case in the UK. The case dealt with how the law will look to balance the rights of employees with conflicting rights of others.
Sharon Shoesmith was the director of children and young peoples’ services in Harlingy Borough Council during the short life of Peter Connolly (Baby P.). She was removed from her post by the Secretary of State in the U.K. in the middle of a media frenzy. He did so without allowing her any opportunity to make representations regarding her position to him, on the basis of a report which was itself subject to an expedited procedure. She was afforded only limited opportunity to comment on the concerns raised by the report.
From an employment law perspective the case is very useful in highlighting that "fairness" is, in legal terms, a relative rather than an absolute concept. It supports the view that in adopting fair procedures what will be considered to be fair will depend on circumstances and the balance of a range of conflicting interests.
In this case, Ms. Shoesmith was not afforded an opportunity to make representations on her own behalf before a decision regarding her dismissal was made. She brought judicial review proceedings in respect of the Secretary of State's decision to remove her, the report into social care at Haringey which informed that decision, and the local council’s termination of her employment contract. The judge dismissed her case and in doing so gave very reasoned views on the circumstances that allow an employer place one set of rights ahead of other.
The full text of the very lengthy judgement is available here.
In relation to employment matters please contact
Fiona Duffy, partner, +353(0) 1 6793565 fiona.duffy@pforeilly.ie
Patricia Heavey, solicitor, +353 (0) 1 6793565 patricia.heavey@pforeilly.ie