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 has not demonstrated that the proposed procedure is systemically unfair or that any irregularities are material at this stage. The Applicant will have the opportunity to raise all arguments before the assessment panel and, if necessary, on appeal. The High Court should not pre-emptively interfere with internal disciplinary processes where fairness can be achieved within the existing framework.

Citation
[2015] EWHC 3096 (QB)
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
Outcome
Application for interim relief refused
Legal Topics
Interim Relief, Disciplinary Procedures, Procedural Fairness, Employment Contracts, NHS Professional Standards
Employment Law Administrative Law Interim Relief Disciplinary Procedures Procedural Fairness Employment Contracts NHS Professional Standards

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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

Legal Issues

  1. 1 Whether the convening of the capability hearing by the Trust breaches the Applicant's contract of employment
  2. 2 Whether the Trust failed to conduct an adequate investigation into alleged breakdown of working relationships
  3. 3 Whether the absence of the case manager at the hearing renders the process unfair

Ratio Decidendi

The application for interim relief is refused because the Applicant has not demonstrated that the proposed procedure is systemically unfair or that any irregularities are material at this stage. The Applicant will have the opportunity to raise all arguments before the assessment panel and, if necessary, on appeal. The High Court should not pre-emptively interfere with internal disciplinary processes where fairness can be achieved within the existing framework.

Court Disposition

Application for interim relief refused

Orders

  • No injunction granted; application dismissed