North West Anglia NHS Foundation Trust v Gregg Posted In: Case Law
Case ReferenceEWCA Civ 387
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionDiscipline and Grievance, Contracts of Employment
The Claimant was a doctor employed by the NHS. After the deaths of two patients, he faced internal disciplinary procedures and was excluded on full pay. He was referred to the General Medical Council (GMC) and a police enquiry began soon after.
Later, his registration was temporarily suspended, his licence was withdrawn and the NHS Trust sought to stop his pay. The Court of Appeal held that imposition of an interim non-terminatory suspension, where the underlying allegations are disputed, should not lead to a deduction of pay.
However, it also held that the employer was entitled to continue with its own internal disciplinary proceedings without the need to wait for the police investigation
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