An inquiry panel had concluded that the surgeon had been guilty of professional misconduct, but had recommended that the appropriate disciplinary sanction was that the surgeon should be warned about his behaviour. The court was now asked whether at a subsequent disciplinary hearing it was open to the NHS Trust which employed the surgeon to consider whether the matters of professional misconduct which the inquiry panel had investigated had given rise to a breakdown of trust and confidence.
Held: The NHS Trust could not consider that issue.
Judges:
Simon Brown VP, May, Dyson LJJ
Citations:
[2001] EWCA Civ 983, [2001] Lloyd’s Rep Med 442, (2001) 62 BMLR 39, [2001] IRLR 691
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Ezsias v North Glamorgan NHS Trust EAT 18-Mar-2011
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
(1) An employee who has been dismissed because of the . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions
Updated: 13 June 2022; Ref: scu.201122
