Subjecting a member to a disciplinary procedure is, sometimes, necessary for the sake of the wellbeing of the organisation and/or other members. Essentially the same principles and procedures apply to the disciplining of athletes. In both cases it is imperative that the power to discipline and the relevant disciplinary procedures are set out in the rules of the club or organisation or an athlete or team member’s agreement, and that the procedures are followed to the letter.
Other requirements are that the disciplinary procedure must be conducted in good faith and not arbitrarily, capriciously, perversely or irrationally. The procedure must also comply with the principles of natural justice, in particular the member’s or athlete’s right to have a reasonable opportunity to respond to the allegations made. Some rules give the organisation a great deal of discretion in the procedure adopted, and the courts are unlikely to interfere as long as the organisation complies with the basic requirements set out above.
We advise on all disciplinary matters, including drafting policies and procedures, and assist with all necessary formal steps including, where needed, prosecuting or defending disciplinary and appeal hearings.
“Ben Moorhead’s professionalism and attention to detail is commended and we would thoroughly recommend [Hewitson Moorhead] to any sport governing body or charitable organisation wishing to engage them”
Cerebral Palsy Sport
“Ben’s expertise was very apparent and he was easy to work with. He was both responsive to changes that we proposed and assertive in response to proposals when necessary. His experience undoubtedly helped us to complete the project in a relatively short time and he displayed great patience as we progressed”