Serious irregularities in a disciplinary process may justify an injunction
As Lord Hodge said in this case, it is not generally appropriate for the courts to intervene to remedy minor irregularities in the course of the disciplinary proceedings between employer and employee. However, where the irregularities in the process are particularly serious, whether taken on their own or cumulatively, the courts may step in and grant an injunction, rendering it unlawful for the employer to proceed with its disciplinary procedure (West London Mental Health NHS Trust v Chhabra).
The claimant was employed by the trust as a consultant forensic psychiatrist. Shortly after her appointment, problems emerged in her relationship with her clinical team. In dealing with those concerns, the claimant’s line manager took advice from the trust’s HR director. Further allegations subsequently came to light that the claimant had breached patient confidentiality when travelling by train in the company of another doctor.
It was alleged that the claimant had discussed an incident involving a patient in a secure unit, read a medical report on a patient whose name and personal details could be clearly identified and, on another occasion, dictated patient reports. The trust suspended the claimant and initiated its disciplinary procedure…
Click on the link below to read the rest of the Addleshaw Goddard 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 Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
InCredit — new controller form for intragroup transactions; PPI complaints set to continue; and more
Addleshaw Goddard’s weekly publication provides information on current retail finance issues, regulatory and legislative developments, market watch and ASA adjudications.
Data Issues Roundup — firm warned to stop nuisance text messages; EU ruling on CCTV; ICO's privacy seals; and more
Addleshaw Goddard has released the 19 January 2014 issue of its Data Issues Roundup .
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?