Nenji v Birmingham Childrens Hospital NHS Trust [2001] EWCA Civ 1108 (29 June 2001)

Nenji v Birmingham Childrens Hospital NHS Trust [2001] EWCA Civ 1108 (29 June 2001)

Article 1(2)(a) of the 1996 Order does not require Specialist Advisory Committee approval for a post to be considered as 'undergoing professional training'; the Employment Tribunal and Employment Appeal Tribunal erred in law by importing this requirement. The case must be remitted for factual determination of whether the appellant was a registrar undergoing professional training.

Citation
[2001] EWCA Civ 1108
Parties
Claimant/applicant: Ezikiel Nenji; Defendant/respondent: Birmingham Childrens Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 June 2001
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Continuity of Employment, Unfair Dismissal, Professional Training, Interpretation of Statutory Orders
Employment Law Continuity of Employment Unfair Dismissal Professional Training Interpretation of Statutory Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ezikiel Nenji

Claimant/applicant

Birmingham Childrens Hospital NHS Trust

Defendant/respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant's employment with the respondent Trust was 'relevant employment' under Article 1(2)(a) of the Employment Protection (Continuity of Employment of National Health Service Employees) (Modification) Order 1996
  2. 2 Whether Specialist Advisory Committee (SAC) approval is required for a post to be considered as 'undergoing professional training' for the purposes of Article 1(2)(a)

Ratio Decidendi

Article 1(2)(a) of the 1996 Order does not require Specialist Advisory Committee approval for a post to be considered as 'undergoing professional training'; the Employment Tribunal and Employment Appeal Tribunal erred in law by importing this requirement. The case must be remitted for factual determination of whether the appellant was a registrar undergoing professional training.

Court Disposition

Appeal allowed

Orders

  • Case remitted to a different tribunal for rehearing
  • Appellant awarded costs