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 from her qualification as a dentist. She said that she was entitled to not have her pay reduced while training. Her appeal to the EAT had been successful, but the Court of Appeal had restored the Employment Tribunal’s rejection of her claim.
Held: The appeal succeeded. The terms of the agreement were not well drafted as was demonstrated by the number of different interpretations of them. However the case was resolved by using the standard techniques of contract interpretation using and giving the words used their natural and ordinary meanings to reveal the parties’ intentions. The meaning of the ‘incremental point’ reached by a practitioner was derived by converting sessional to hourly rates, not limited by the number of sessions worked. This interpretation of section 132 of the Terms was supported by other provisions.
Lord Hope, Deputy President, Lord Walker, Lady Hale, Lord Sumption, Lord Carnwath
[2013] UKSC 20, [2013] ICR 727, [2013] WLR(D) 152, [2013] IRLR 567, UKSC 2011/0246
Bailii, Bailii Summary, SC, SC Summary
Employment Rights Act 1996
England and Wales
Citing:
At EAT – 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 . .
Appeal from – Barts and The London NHS Trust v Verma CA 12-Oct-2011
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 . .
Applied – Multi-Link Leisure Developments Ltd v Lanarkshire Council SC 17-Nov-2010
The parties disputed the effect of an option clause in a lease, and particularly whether, when fixing the price, potential for development was to be included. The clause required the ‘full market value’ to be paid. The tenant appealed.
Held: . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Contract, Employment
Updated: 09 November 2021; Ref: scu.472942
