Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust

Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust

There is no contractual or legal basis requiring the Trust to await the outcome of the UKCP's proceedings before conducting its own disciplinary hearing. The Trust's disciplinary process is collectively agreed and contractually binding, and the UKCP's own process is on hold pending the Trust's outcome. Proceeding with the disciplinary hearing does not breach the implied term of trust and confidence. There is no serious issue to be tried, and the interim injunction cannot be continued.

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
Employment/disciplinary Injunction Application / Ruling on Application to Continue Interim Injunction
Outcome
Application to continue interim injunction refused; interim order discharged.
Legal Topics
Interim Injunctions, Employer Disciplinary Proceedings, Professional Regulation, Implied Term of Trust and Confidence
Employment Law Administrative Law Interim Injunctions Employer Disciplinary Proceedings Professional Regulation Implied Term of Trust and Confidence

Case Brief

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Parties

Mark Rayner

Claimant/applicant

Barnet, Enfield and Haringey Mental Health NHS Trust

Defendant/respondent

Procedural Posture

Employment/disciplinary Injunction Application / Ruling on Application to Continue Interim Injunction

Legal Issues

  1. 1 Whether the employer must await the outcome of professional body proceedings before conducting its own disciplinary hearing
  2. 2 Whether proceeding with a disciplinary hearing before the UKCP's determination breaches the implied term of trust and confidence
  3. 3 Whether there is a serious issue to be tried justifying continuation of the interim injunction

Ratio Decidendi

There is no contractual or legal basis requiring the Trust to await the outcome of the UKCP's proceedings before conducting its own disciplinary hearing. The Trust's disciplinary process is collectively agreed and contractually binding, and the UKCP's own process is on hold pending the Trust's outcome. Proceeding with the disciplinary hearing does not breach the implied term of trust and confidence. There is no serious issue to be tried, and the interim injunction cannot be continued.

Court Disposition

Application to continue interim injunction refused; interim order discharged.

Orders

  • The interim injunctive relief granted in the Fraser J Order is discharged.