Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust [2015] EWHC 3096 (QB) (30 September 2015)

Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust [2015] EWHC 3096 (QB) (30 September 2015)

The application for interim relief is refused because the Applicant's concerns about procedural unfairness can be addressed by the internal panel, which is obliged to act fairly and flexibly. The process is not shown to be systemically unfair at this stage, and the Applicant has a right of appeal if dissatisfied. The court should not pre-emptively interfere with internal disciplinary proceedings absent evidence of material unfairness or serious irregularity.

Citation
[2015] EWHC 3096
Parties
Applicant/claimant: Mr. Talib Al-Mishlab; Respondent/defendant: Milton Keynes Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
30 September 2015
Procedural Posture
Application for Interim Relief (injunction) in Employment Dispute / Ex Tempore Judgment on Application for Interim Relief Prior to Internal Disciplinary Hearing
Outcome
Application for interim relief refused
Legal Topics
Interim Relief, Disciplinary Procedures, Contractual Fairness, NHS Employment, Procedural Fairness
Employment Law Administrative Law Interim Relief Disciplinary Procedures Contractual Fairness NHS Employment Procedural Fairness

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Parties

Mr. Talib Al-Mishlab

Applicant/claimant

Milton Keynes Hospital NHS Foundation Trust

Respondent/defendant

Procedural Posture

Application for Interim Relief (injunction) in Employment Dispute / Ex Tempore Judgment on Application for Interim Relief Prior to Internal Disciplinary Hearing

Legal Issues

  1. 1 Whether the Trust's decision to proceed with a capability hearing breaches the Applicant's contract of employment
  2. 2 Whether the procedures adopted by the Trust are unfair and contrary to the 'Maintaining High Professional Standards in the Modern NHS' (MHPS) framework
  3. 3 Whether the court should grant interim relief to restrain the internal disciplinary hearing

Ratio Decidendi

The application for interim relief is refused because the Applicant's concerns about procedural unfairness can be addressed by the internal panel, which is obliged to act fairly and flexibly. The process is not shown to be systemically unfair at this stage, and the Applicant has a right of appeal if dissatisfied. The court should not pre-emptively interfere with internal disciplinary proceedings absent evidence of material unfairness or serious irregularity.

Court Disposition

Application for interim relief refused

Orders

  • No injunction granted; internal disciplinary hearing may proceed