Supreme Court Decision: Injunction to stop disciplinary hearing

In West London Mental Health NHS Trust v Chhabra the Supreme Court has overturned the CA decision and has granted an injunction preventing the NHS from holding a disciplinary hearing.

 

Where a disciplinary procedure forms part of an employee’s contract of employment, as opposed to being a non-contractual policy, civil remedies can be used for breach of contract during disciplinary proceedings.

 

In this case a consultant psychiatrist was facing allegations of gross misconduct. An injunction can be caught to prevent a party to a contract from committing a breach, and can therefore be used where a disciplinary procedure forms part of a contract of employment.

 

The injunction prevented the disciplinary hearing from going ahead, with Judge Hodge stating the allegations against Dr Chhabra were not capable of being gross misconduct on the wording of the disciplinary procedure and that the decision taken to refer the matter to a conduct panel had constituted a breach of contract.

 

Although the Court acknowledged as a general rule it was not appropriate for the courts to intervene and ‘micro-manage’ disciplinary proceedings, it was felt in this case it was serious enough to justify intervention.

 

This case may therefore be in reality an exception to the rule, however the capability for an employee to enforce their contract in the civil courts is clearly present. Employers should take note where disciplinary procedures form part of a contract of employment, as although actions are likely to be rare, the costs in civil proceedings can be extortionate with the possibility of a costs order if the employee is successful.  

 

Employer should be wary of the way disciplinary procedures are conducted and ensure they follow their own rules to not only protect themselves from incidents such as this, but also unfair dismissal claims. Policies should be clear on what constitutes gross misconduct and staff should be sufficiently well trained on implementing the procedures.  

Gamlins can provide a ‘health check’ for your employment needs, drop us a line to discuss how we can mitigate risk to your business. As a North Wales firm we want to help businesses across the region with their employment needs.

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