Disciplinary proceedings against a prison officer were flawed for a variety of reasons. The court found that the Home Office in making a disciplinary award of dismissal was performing the duties imposed upon it as part of the statutory terms under which it was to exercise its powers.
Held: The disciplinary proceedings against him were flawed for a variety of reasons. The court found that the Home Office in making a disciplinary award of dismissal was performing the duties imposed upon it as part of the statutory terms under which it was to exercise its powers. The court noted that whereas nurses entered into contracts of employment with health authorities, prison officers were ‘appointed’ by the Home Secretary.
Hodgson J said: ‘Clearly, the Court of Appeal in Ex parte Walsh did not consider the purported dismissal on disciplinary grounds of Mr. Walsh to be the performance of any duty imposed upon the authority as part of the statutory terms under which it exercised its powers.’
Judges:
Hodgson J
Citations:
[1985] IRLR 6, [1985] QB 554, [1984] 3 All ER 854, [1984] ICR 723, [1984] 3 WLR 843, (1984) 81 LSG 2544
Jurisdiction:
England and Wales
Employment
Updated: 11 May 2022; Ref: scu.554753