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3 April 2014 0 Comments
Posted in Employment, Opinion

Injunction granted to prevent disciplinary hearing

Posted by , Partner

In an unusual case which probably turns on its facts in terms of the breaches concerned, West London Mental Health MHS Trust v Chhabra is a Supreme Court decision granting an injunction to prevent the NHS Trust from pursuing a disciplinary process against a medical practitioner over allegations of breach of patient confidentiality. The Supreme Court overturned the Court of Appeal decision and held that an injunction to prevent the disciplinary proceedings would be granted to require the Trust to restart and complete an investigation under its disciplinary policy. There had been a number of serious irregularities during the disciplinary proceedings which cumulatively rendered the convening of a disciplinary hearing unlawful as a material breach of the contract of employment. The Supreme Court did note that it would be generally inappropriate for a Court intervene to remedy minor irregularities in the course of disciplinary proceedings; but these were of a serious nature.

This legal update is provided for general information purposes only and should not be applied to specific circumstances without prior consultation with us.

For further details on any of the issues covered in this update please contact Gemma Ospedale, Partner in Employment on 020 7583 2222

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