McMillan v Airedale NHS Foundation Trust

McMillan v Airedale NHS Foundation Trust

The contract of employment, properly construed, did not permit the employer’s disciplinary appeal panel to increase the sanction on appeal. The right of appeal was for the employee’s benefit and could not be used to impose a harsher penalty. There was no express or implied power to increase sanction, and any attempt to do so would be a breach of contract.

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 to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disciplinary Procedures, Employment Contract Interpretation, Appeals in Employment Discipline, Injunctions in Employment Disputes
Employment Law Disciplinary Procedures Employment Contract Interpretation Appeals in Employment Discipline Injunctions in Employment Disputes

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Parties

Elizabeth Joan McMillan

Claimant/respondent

Airedale NHS Foundation Trust

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the employer's disciplinary appeal panel could increase the sanction on appeal under the contract of employment
  2. 2 Whether the employer could proceed to consider sanction after the employee purported to withdraw her appeal

Ratio Decidendi

The contract of employment, properly construed, did not permit the employer’s disciplinary appeal panel to increase the sanction on appeal. The right of appeal was for the employee’s benefit and could not be used to impose a harsher penalty. There was no express or implied power to increase sanction, and any attempt to do so would be a breach of contract.

Court Disposition

Appeal dismissed

Orders

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