Can a court intervene in disciplinary proceedings?
In the case of West London Mental Health NHS Trust v Chhabra, the Supreme Court considered whether it could award an injunction to restrain the trust from pursing disciplinary charges relating to breaches of patient confidentiality that had been characterised as charges of gross misconduct.
The employee was a consultant forensic psychiatrist at Broadmoor. The employee was subject to an investigation in relation to a number of allegations including that she had breached patient confidentiality. The investigation was instigated following a civil servant having complained that she had seen the employee reading reports on a patient whose name and details could be clearly identified, while travelling on a train. It was also alleged that the employee had dictated two tapes containing confidential patient information while on public transport.
During the investigation, the employee admitted to breaching patient confidentiality by having patient documents clearly visible in a public environment and dictating two reports that included patient-sensitive information in public arenas. A number of the other allegations were rejected…
Click on the link below to read the rest of the Winckworth Sherwood briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Winckworth Sherwood
News from The Lawyer
Briefings from Winckworth Sherwood
What buildings are affected, what duties are imposed and what action you should take.
HR Update, issue 3: guidance on changing the staff handbook; diabetic employees; flexible leave arrangements; and more
Also: no requirement to take every possible step when investigating whether an employee is disabled.