McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031 (21 July 2014)

McMillan v Airedale NHS Foundation Trust [2014] EWCA Civ 1031 (21 July 2014)

The Trust's disciplinary appeal procedure, properly construed, did not permit the appeal panel to increase the sanction imposed at first instance. The right of appeal was conferred solely for the employee's benefit and could not result in a harsher penalty. There was no express or implied contractual power to increase sanction on appeal. Accordingly, the Trust was restrained from reconvening the appeal panel to consider increasing the sanction.

Citation
[2014] EWCA Civ 1031
Parties
Claimant/respondent: Elizabeth Joan McMillan; Defendant/appellant: Airedale NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
21 July 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Granting Permanent Injunction
Outcome
Appeal dismissed
Legal Topics
Disciplinary Procedures, Employment Contracts, Appeals in Employment Disciplinary Proceedings, Injunctions, Sanctions in Employment Law
Employment Law Disciplinary Procedures Employment Contracts Appeals in Employment Disciplinary Proceedings Injunctions Sanctions in Employment Law

Case Brief

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Parties

Elizabeth Joan McMillan

Claimant/respondent

Airedale NHS Foundation Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Granting Permanent Injunction

Legal Issues

  1. 1 Whether the employer's disciplinary appeal panel had contractual power to increase the sanction on appeal, including dismissal
  2. 2 Whether the employer could proceed to consider sanction after the employee purported to withdraw her appeal

Ratio Decidendi

The Trust's disciplinary appeal procedure, properly construed, did not permit the appeal panel to increase the sanction imposed at first instance. The right of appeal was conferred solely for the employee's benefit and could not result in a harsher penalty. There was no express or implied contractual power to increase sanction on appeal. Accordingly, the Trust was restrained from reconvening the appeal panel to consider increasing the sanction.

Court Disposition

Appeal dismissed

Orders

  • Permanent injunction restraining the Trust from reconvening an appeal panel to consider sanction or any further matters under the appeal in question