Monday Ilenotuma v Teaching Regulation Agency & Anor
[2024] EWHC 1158 (Admin)
Paramjit Bhogal (aka Paramjeet Bhogal) v National Education Union
31 May 2024
[2024] EWHC 1295 (Ch)
High Court
A teacher challenged a union's decision to not let him have a lawyer during his appeal of a disciplinary hearing. The judge said that while sometimes fairness requires lawyers, it wasn't necessary in this case because the situation wasn't serious enough. The appeal will continue without a lawyer for the teacher.
Key Facts
- •Mr Bhogal, a long-standing member of the National Education Union (NEU), faced disciplinary proceedings.
- •The proceedings involved allegations of breaching the NEU's Code of Professional Conduct.
- •Mr Bhogal sought an interim injunction to stay the disciplinary proceedings pending a trial on his right to legal representation at the appeal stage.
- •The NEU's disciplinary rules do not explicitly provide for legal representation.
- •Mr Bhogal's appeal raised procedural irregularities and disproportionate sanctions.
- •The court considered whether natural justice required legal representation at the appeal stage.
Legal Principles
Principles for granting interim injunctions (American Cyanamid test)
[1975] AC 396
Construction of trade union rules
Network Rail [2020] EWCA Civ 1645, Kelly v Musician’s Union [2020] EWCA Civ 736
Implication of terms in contracts
Yoo Design Services Limited -v- Iliv Realty Pte Limited [2021] EWCA Civ 560
Natural justice in disciplinary proceedings
R v Home Secretary ex p Tarrant [1985] 1 Q.B. 251, R v Maze Visitors, ex p Hone [1988] 1 AC 379, AB v the University of XYZ [2020] EWHC 2978 (QB)
Outcomes
The application for an interim injunction was dismissed.
The court found no serious issue to be tried regarding Mr Bhogal's right to legal representation at the appeal stage. The balance of convenience favored allowing the NEU's disciplinary process to proceed.