North West Anglia NHS Foundation Trust v Gregg [2019]

Posted In: Case Law
  • Case Reference
    EWCA Civ 387
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discipline and Grievance, Contracts of Employment
Issues covered: Disciplinary & Grievance Issues, Suspension, Contracts of Employment, Investigations, Parallel proceedings, Implied term of Trust and Confidence

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Later, his registration was temporarily suspended, his licence was withdrawn and the NHS Trust sought to stop his pay.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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This article is correct at 28/03/2019

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.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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