The doctor, originally qualified as a dentist, had achieved a contractual status as a surgeon with the Trust. When required to retrain, she complained that contrary to the NHS Terms for the employment of doctors, her pay grade had not been maintained. The Trust now appealed against the EAT’s reversal of the finding in their favour.
Held: The Trust’s appeal succeeded (Elis LJ dissenting). Rix LJ said: ‘ In sum, there is in my judgment nothing in paragraphs 132 or 135 to supersede or undermine the natural, rational and purposive interpretation of these provisions relating to protected pay as protecting the practitioner for the pay in a previous role which he or she earned, at the rate to which he or she was entitled to (ie either the rate earned or, where that rate has been improved under current awards, at the current rate), and not as extending their pay to a figure possibly far in excess of any figure previously earned. It is simply counter-intuitive to suppose that the less a part-time practitioner worked in a previous post, the more he or she is ‘protected’ in a training post’
Judges:
Elias, Rix and Rimer LJJ
Citations:
[2011] EWCA Civ 1129
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Verma v Barts and The London NHS Trust EAT 23-Nov-2010
EAT CONTRACT OF EMPLOYMENT – Construction of term
UNLAWFUL DEDUCTION FROM WAGES
On the true construction of the pay protection provisions in the Terms and Conditions for Hospital Doctors a part-time . .
Cited – Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’) CA 29-Jul-2008
Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination. . .
Cited by:
Appeal from – Barts and The London NHS Trust v Verma SC 24-Apr-2013
The parties disputed the effect of the NHS terms for employment of doctors, and in particularly the provisions as to maintenance of pay grade. The doctor had become a consultant trust grade doctor in oral surgery, but was then required to retrain . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 20 September 2022; Ref: scu.445398