Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust [2021] EWHC 1263 (QB) (14 May 2021)

Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust [2021] EWHC 1263 (QB) (14 May 2021)

There is no contractual or legal requirement for the Trust to await the UKCP's determination before holding its own disciplinary hearing. The Trust's conduct in proceeding with disciplinary action under its collectively agreed procedures does not breach the implied term of trust and confidence. The UKCP supports the Trust proceeding first, and the purposes of the employer's and regulator's proceedings are distinct. No serious issue to be tried exists, so continuation of the interim injunction is not justified.

Citation
[2021] EWHC 1263 (QB)
Parties
Claimant/applicant: Mark Rayner; Defendant/respondent: Barnet, Enfield and Haringey Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Interim Injunction Application in Employment Dispute / Return Date Hearing Following Grant of Interim Injunction
Outcome
Interim injunction discharged; application refused
Legal Topics
Implied Term of Trust and Confidence, Employer Disciplinary Proceedings, Professional Body Regulatory Process, Interim Injunctive Relief
Employment Law Professional Regulation Injunctions Implied Term of Trust and Confidence Employer Disciplinary Proceedings Professional Body Regulatory Process Interim Injunctive Relief

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Parties

Mark Rayner

Claimant/applicant

Barnet, Enfield and Haringey Mental Health NHS Trust

Defendant/respondent

Procedural Posture

Interim Injunction Application in Employment Dispute / Return Date Hearing Following Grant of Interim Injunction

Legal Issues

  1. 1 Whether employer must await professional body determination before holding disciplinary hearing
  2. 2 Whether proceeding with disciplinary hearing breaches implied term of trust and confidence
  3. 3 Adequacy of damages and balance of convenience for interim relief

Ratio Decidendi

There is no contractual or legal requirement for the Trust to await the UKCP's determination before holding its own disciplinary hearing. The Trust's conduct in proceeding with disciplinary action under its collectively agreed procedures does not breach the implied term of trust and confidence. The UKCP supports the Trust proceeding first, and the purposes of the employer's and regulator's proceedings are distinct. No serious issue to be tried exists, so continuation of the interim injunction is not justified.

Court Disposition

Interim injunction discharged; application refused

Orders

  • The Fraser J Order restraining the Trust from proceeding with the disciplinary hearing is not continued.
  • The Trust is permitted to proceed with its disciplinary hearing against Mr Rayner.