Ms Parry was an office-holder, employed as a District Probate Registrar. She was dismissed for gross misconduct. Before her appeal hearing, she asked to be represented by her solicitor. This request was declined and her solicitor sent detailed submissions in support of Ms Parry's case which were considered by the employer. The appeal officer upheld the dismissal decision and an unfair dismissal case was launched.
The tribunal found in Ms Parry's favour. Part of the reason was that she had been denied legal representation - a point which the Employment Appeal Tribunal (EAT) went on to look at in some depth. It is not automatically unfair for an employer to refuse to allow an employee to have their solicitor present at an internal appeal hearing, the EAT said.
However, in exceptional cases where dismissal would prevent a person from working in their chosen profession (as in the case of a Registrar) then Article 6 of the European Convention on Human Rights - the right to a fair trial - kicks in to guarantee a right of legal representation at a disciplinary hearing. There is a contractual right to dismiss, the EAT acknowledged, but it must be recognised that this could affect an employee's broader civil rights.
In Ms Parry's case, there wasn't enough evidence to show whether or not Article 6 applied and so the case was sent to a fresh tribunal for a complete rehearing.
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