Disciplinary Hearings: professionals have a right to legal representation

The Court of Appeal has confirmed that professionals in the public (and possibly the private) sector are entitled to legal representation at disciplinary and appeal hearings if the hearing might impact upon their right to practise their profession in the future (G v X School). 

G was a teaching assistant at X school.  He was alleged to have kissed a 15 year old boy.  The school governors conducted a disciplinary hearing and dismissed him, reporting his dismissal to the Independent Safeguarding Authority (ISA) so that it could determine whether he should be placed on a 'barred' list of those unsuitable to work with children. 

The Court of Appeal, following non-binding comments made in its earlier decision in Kulkarni v Milton Keynes Hospital NHS Trust, found that G was entitled to legal representation at the disciplinary and appeal hearings under Article 6 of the European Convention of Human Rights (ECHR) because the right to practise a profession was a ‘civil right or obligation’, being listed by the ISA would fundamentally limit G's ability to practise his profession and the school's internal process would have a ‘substantial influence or effect’ on the decision-making of the ISA.

It is not yet clear which professions the principle applies to.  Kulkarni involved a doctor and G v X School involved a teaching assistant.  It seems likely that the principle might extend to any professional whose ability to practice their profession in the future is at risk because of the disciplinary proceedings; that is, that they may lose not just the immediate job that they hold, but also their ability to continue to work in their chosen profession at all.  However, due to the technicalities of European law, it is not yet clear whether the principle will extend, without a need for legislative change, to professionals in the private sector.

Do you think legal representation at disciplinary hearings will cause practical problems? 

Would you, as an employer, instruct your own legal representative to attend a disciplinary hearing if the employee has one?