D'Sa v University Hospital Coventry & Warwickshire NHS Trust [2001] EWCA Civ 983 (18 June 2001)

D'Sa v University Hospital Coventry & Warwickshire NHS Trust [2001] EWCA Civ 983 (18 June 2001)

The disciplinary procedure requires that disciplinary sanctions be based solely on the findings of the inquiry panel and any true mitigation; the employer cannot rely on unproven allegations or a breakdown of trust and confidence not found by the panel. To do so would be contrary to natural justice and the contractual procedure.

Citation
[2001] EWCA Civ 983
Parties
Claimant/respondent: Alban Avelino John Barros D'Sa; Defendant/appellant: University Hospital Coventry and Warwickshire NHS Trust (sued as Walsgrave Hospital NHS Trust)
Jurisdiction
England and Wales
Judgment Date
18 June 2001
Procedural Posture
Appeal (civil) / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disciplinary Procedures, Natural Justice, Employment Contracts, Injunctions
Employment Law Administrative Law Disciplinary Procedures Natural Justice Employment Contracts Injunctions

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Parties

Alban Avelino John Barros D'Sa

Claimant/respondent

University Hospital Coventry and Warwickshire NHS Trust (sued as Walsgrave Hospital NHS Trust)

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the employer can rely on matters not found by the disciplinary inquiry panel when determining disciplinary sanction
  2. 2 Proper construction of the disciplinary procedure, specifically paragraph 5.11, and the scope of 'depending upon the circumstances'
  3. 3 Whether reliance on unproven allegations or breakdown of trust and confidence is contrary to natural justice and the contractual procedure

Ratio Decidendi

The disciplinary procedure requires that disciplinary sanctions be based solely on the findings of the inquiry panel and any true mitigation; the employer cannot rely on unproven allegations or a breakdown of trust and confidence not found by the panel. To do so would be contrary to natural justice and the contractual procedure.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Detailed assessment of both parties' costs