McMillan v Airedale NHS Foundation Trust Posted In: Case Law
Case ReferenceCiv 1031
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionUnfair Dismissal
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 to increase a sanction on appeal. In his concurring judgement, Underhill LJ commented:
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