The appellant was a doctor accused of lying to a patient about the details of an operation. He appealed a decision dismissing him.
Held: Such an allegation was an allegation of professional misconduct, and should have been dealt with as such, and not by way of dismissal and the employment tribunal system. Professional misconduct was defined in the section as ‘Performance or behaviour of practitioners arising from the exercise of medical or dental skills’ In the case of doubt it would normally be preferable for a Health authority to proceed on the basis that it was profession not personal misconduct. The reply was given as part of the performance of his professional duties.
Judges:
Lord Justice Aldous, Lord Justice Keene and Sir Christopher Slade
Citations:
Times 18-Jan-2002, Gazette 06-Mar-2002, [2002] EWCA Civ 18, (2003) 69 BMLR 13, [2002] ICR 403, [2002] Lloyd’s Rep Med 299
Links:
Statutes:
Department of Health Circular 90(9)
Jurisdiction:
England and Wales
Citing:
Followed – Dr Mohammed Saeed v Royal Wolverhampton Hospitals NHS Trust CA 20-Dec-2000
Where disciplinary proceedings were contemplated against an employee who might be subject to alternative contractual and professional complaints procedures, the employer must look to the contract to decide which procedure was to be followed. If the . .
Appealed to – 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 . .
Appeal from – F D Skidmore v Dartford and Gravesham NHS Trust EAT 22-Feb-2001
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
Appeal from – F D Skidmore v Dartford and Gravesham NHS Trust EAT 22-Feb-2001
EAT Unfair Dismissal – Reason for dismissal including substantial other reason. . .
see Also – Skidmore v Dartford and Gravesham NHS Trust CA 7-Jun-2001
. .
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions, Employment, Damages
Updated: 05 June 2022; Ref: scu.167395