The claimant who had been dismissed by the defendant, asked the court to find that the defendant had failed to meet its contractual obligations as to the procedure to be followed, and that therefore the court declare the dismissal void.
Held: The claim failed. The Trust had in large part followed the procedure rather than departed from it. Whilst the claimant certainly had a human right to practise his profession, that right was not affected by the actions of the defendant, and the right had not been engaged.
Starker QC J
 EWHC 2068 (QB)
England and Wales
Cited – Warner v Poland ECHR 15-Nov-2001
Cited – Hussain v Surrey and Sussex Healthcare NHS Trust QBD 5-Jul-2011
Cited – G, Regina (on The Application of) v X School SC 29-Jun-2011
The claimant was employed as a teaching assistant. He was suspended after allegations of sexual misbehaviour with boy at the school. He refused to take part in the disciplinary proceedings until the police investigation was concluded. A decision was . .
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Cited – Puri, Regina (on The Application of) v Bradford Teaching Hospitals NHS Foundation Trust Admn 15-Apr-2011
The claimant, a consultant urologist complained that the manner of his dismissal by the defendant for alleged misconduct did not accord with his human rights.
Held: A person’s right to practise his profession was a civil right for the purposes . .
Cited – Pfeifer v Austria ECHR 2009
Cited – Kulkarni v Milton Keynes Hospital NHS Foundation Trust and Others CA 23-Jul-2009
The doctor claimant sought to assert a right to have legal representation in disciplinary proceedings by his employer.
Held: The doctor’s contract entitled him to representation. Also, the claimant’s Article 6 rights to a fair trial and to . .
Cited – MA v Belfast Health and Social Care Trust QBNI 4-Dec-2008
Medical practitioner – Health and Social Care Trust – contract of employment – disciplinary proceedings – disciplinary code – legal representation – Health and Personal Social Services (NI) Order 1991, Schedule 3, Part II – departmental directions – . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions
Updated: 12 November 2021; Ref: scu.442513