Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust

Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust

Pre-emptive litigation to restrain an internal capability hearing is premature; the Applicant can raise procedural and substantive objections before the panel, which is obliged to act fairly, and appeal if necessary. No evidence of systemic unfairness justifies court intervention at this stage.

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 / Ex Tempore Judgment on Application to Restrain Internal Capability Hearing
Outcome
Application dismissed
Legal Topics
Interim Relief, Disciplinary Procedures, Fair Hearing, Contractual Obligations, Internal Employment Processes
Employment Law Administrative Law Interim Relief Disciplinary Procedures Fair Hearing Contractual Obligations Internal Employment Processes

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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 / Ex Tempore Judgment on Application to Restrain Internal Capability Hearing

Legal Issues

  1. 1 Whether the Trust's decision to proceed with the capability hearing breaches the Applicant's contract of employment
  2. 2 Whether the procedure adopted for the hearing is unfair
  3. 3 Whether the MHPS applies to relationship breakdown issues

Ratio Decidendi

Pre-emptive litigation to restrain an internal capability hearing is premature; the Applicant can raise procedural and substantive objections before the panel, which is obliged to act fairly, and appeal if necessary. No evidence of systemic unfairness justifies court intervention at this stage.

Court Disposition

Application dismissed