Paramjit Bhogal (aka Paramjeet Bhogal) v National Education Union

Paramjit Bhogal (aka Paramjeet Bhogal) v National Education Union

The NEU's Disciplinary Procedures, properly construed, prohibit legal representation at the NAC hearing. While natural justice can, in exceptional cases, require legal representation, the facts here do not approach such circumstances: the allegations and sanctions are not of such seriousness, there is no credible evidence of career-ending consequences, and the process is lay-led. There is no waiver or estoppel. There is no serious issue to be tried and the balance of convenience does not favour an injunction.

Parties
Claimant: Mr Paramjit Bhogal (aka Mr Paramjeet Bhogal); Defendant: National Education Union
Jurisdiction
England and Wales
Judgment Date
30 May 2024
Procedural Posture
Civil Injunction Application / Interim Application for Injunction (high Court, Post Transfer From County Court)
Outcome
Application for interim injunction dismissed
Legal Topics
Natural Justice, Legal Representation in Disciplinary Proceedings, Interpretation of Trade Union Rules, Interim Injunctions
Employment Law Contract Law Trade Union Law Natural Justice Legal Representation in Disciplinary Proceedings Interpretation of Trade Union Rules Interim Injunctions

Case Brief

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Parties

Mr Paramjit Bhogal (aka Mr Paramjeet Bhogal)

Claimant

National Education Union

Defendant

Procedural Posture

Civil Injunction Application / Interim Application for Injunction (high Court, Post Transfer From County Court)

Legal Issues

  1. 1 Whether the NEU's disciplinary procedures permit legal representation at the National Appeals Committee (NAC) hearing
  2. 2 Whether natural justice requires legal representation at the NAC hearing in the circumstances of this case
  3. 3 Whether the NEU is estopped or has waived its right to refuse legal representation at the NAC hearing

Ratio Decidendi

The NEU's Disciplinary Procedures, properly construed, prohibit legal representation at the NAC hearing. While natural justice can, in exceptional cases, require legal representation, the facts here do not approach such circumstances: the allegations and sanctions are not of such seriousness, there is no credible evidence of career-ending consequences, and the process is lay-led. There is no waiver or estoppel. There is no serious issue to be tried and the balance of convenience does not favour an injunction.

Court Disposition

Application for interim injunction dismissed

Orders

  • Application for interim injunction refused; disciplinary proceedings may continue without legal representation for the claimant at the NAC hearing