The Supreme Court recently restored a High Court decision in the case of Chhabra that an injunction should be granted against the West London Mental Health NHS Trust to prevent it from proceedings with disciplinary action for gross misconduct against Dr Chhabra.
The Trust was found to have breached Dr Chhabra’s contract of employment as there were serious breaches in the contractual disciplinary procedures. The Court found that the charge of gross misconduct was not supported by the findings made, and the HR director had made extensive amendments to the investigatory report and been involved in the disciplinary process despite undertaking to the contrary. The injunction prevents the Trust from proceeding until it has recommenced and initiated a new investigation.
Whilst such cases are more likely to be confined to public sector employees it is a useful reminder of the consequences of seriously breaching a contractual disciplinary policy.