Blair v Lochaber District Council, 1995 SLT 407
Citation:Blair v Lochaber District Council, 1995 SLT 407
Link to case on WorldLII (reference).
Rule of thumb: Where a public sector worker is in the process of being sacked for misconduct, can they seek a Judicial Review of this? No, this is an employment law matter which is not part of the core purpose of how the public sector functions are to be run.
Judgment:
Where a public sector worker is being sacked, they have no right to seek a Judicial Review over this. They can only seek a Judicial Review if the procedure has been unfair, "the dispute between the parties is essentially a contractual one in which the petitioner is seeking to defend her right to work in the face of allegations of misconduct. If there is unfairness in the manner in which the proceedings are conducted which can be said to breach her article 6 rights, the petitioner can advance a claim under what Lord Clyde [in Blair v Lochaber District Council (1995)] called 'the ordinary law'". Lord Burns
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.