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McMillan v Airedale NHS Foundation Trust [2014]

Posted In: Case Law
  • Case Reference
    Civ 1031
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Unfair Dismissal
Issues covered: Conduct; increasing disciplinary sanctions

The employee in this case is employed as a consultant obstetrician and gynaecologist by the appellant NHS Foundation Trust. She was the subject of a disciplinary investigation and received a final warning after the resultant hearing. She appealed but the appeal panel upheld the complaints and decided to reconvene to consider whether a higher penalty should be applied. Ms McMillan was granted a High Court injunction preventing the Trust from reconsidering the sanction. The Trust appealed and has lost its case.

Of crucial importance in this case was the absence of any explicit contractual right

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This article is correct at 25/07/2014
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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