Dr Serryth Colbert v Royal United Hospitals Bath NHS Foundation Trust

Dr Serryth Colbert v Royal United Hospitals Bath NHS Foundation Trust

The Claimant has no real prospect of establishing a contractual right to compel attendance of management witnesses or to receive unredacted disclosure of the Atkinson Report; the relevant provisions of MHPS and MCP do not confer such rights, and the disciplinary process allows for requests to be made to the panel, with appeal rights available. Intervention by the court would constitute micro-management and is not justified at this stage.

Parties
Applicant / Claimant: Dr Serryth Colbert; Respondent / Defendant: Royal United Hospitals Bath NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Interim Injunction Application / Ruling on Application
Outcome
Application dismissed
Legal Topics
Disciplinary Proceedings, Interim Injunctions, Disclosure Obligations, Witness Attendance, Contractual Interpretation
Employment Law Contract Law Disciplinary Proceedings Interim Injunctions Disclosure Obligations Witness Attendance Contractual Interpretation

Case Brief

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Parties

Dr Serryth Colbert

Applicant / Claimant

Royal United Hospitals Bath NHS Foundation Trust

Respondent / Defendant

Procedural Posture

Interim Injunction Application / Ruling on Application

Legal Issues

  1. 1 Whether the Claimant is entitled to require attendance of management witnesses at a disciplinary hearing
  2. 2 Whether the Claimant is entitled to disclosure of specific documents, including an unredacted report, as part of the disciplinary process
  3. 3 Whether the Defendant breached express contractual obligations under MHPS and MCP

Ratio Decidendi

The Claimant has no real prospect of establishing a contractual right to compel attendance of management witnesses or to receive unredacted disclosure of the Atkinson Report; the relevant provisions of MHPS and MCP do not confer such rights, and the disciplinary process allows for requests to be made to the panel, with appeal rights available. Intervention by the court would constitute micro-management and is not justified at this stage.

Court Disposition

Application dismissed