Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB) (25 March 2026)

Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB) (25 March 2026)

The ex parte injunction was discharged because the pleaded claim regarding mischaracterisation of the disciplinary route was weak, the Defendant had consulted with HEE, and the panel could address fairness issues internally; the court should not intervene to micromanage the process where remedies exist within the employer's procedures.

Citation
[2026] EWHC 723 (KB)
Parties
Claimant / Applicant: Dr Neeraj Nirmal; Defendant / Respondent: Birmingham Women's and Children's Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
25 March 2026
Procedural Posture
Injunction Application (employment Disciplinary Proceedings) / Return Date Hearing for Ex Parte Injunction
Outcome
Ex parte injunction discharged; no order as to costs.
Legal Topics
Disciplinary Procedures, Gross Misconduct, Injunctions, Natural Justice, Employment Contracts, Medical Professionals, Sexual Harassment Allegations
Employment Law Administrative Law Disciplinary Procedures Gross Misconduct Injunctions Natural Justice Employment Contracts Medical Professionals +1 more

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Parties

Dr Neeraj Nirmal

Claimant / Applicant

Birmingham Women's and Children's Hospital NHS Foundation Trust

Defendant / Respondent

Procedural Posture

Injunction Application (employment Disciplinary Proceedings) / Return Date Hearing for Ex Parte Injunction

Legal Issues

  1. 1 Whether the Defendant breached contract by categorising allegations as conduct rather than training issues
  2. 2 Whether the Defendant was required to allow legal representation at the disciplinary hearing
  3. 3 Whether the Defendant was required to call complainant witnesses for cross-examination

Ratio Decidendi

The ex parte injunction was discharged because the pleaded claim regarding mischaracterisation of the disciplinary route was weak, the Defendant had consulted with HEE, and the panel could address fairness issues internally; the court should not intervene to micromanage the process where remedies exist within the employer's procedures.

Court Disposition

Ex parte injunction discharged; no order as to costs.

Orders

  • The ex parte injunction granted on 3.3.2026 is discharged.
  • No costs are awarded.