McMillan v Airedale NHS Foundation Trust [2013] EWHC 1504 (QB) (05 June 2013)

McMillan v Airedale NHS Foundation Trust [2013] EWHC 1504 (QB) (05 June 2013)

The Trust's disciplinary procedures, as incorporated into Miss McMillan's contract, did not confer a contractual power on the appeal panel to increase the sanction imposed at first instance. There was no binding collateral agreement to vary this position. Miss McMillan was entitled to withdraw her appeal after the...

Source-derived case information.

Citation
[2013] EWHC 1504
Parties
Claimant: Elizabeth Joan McMillan; Defendant: Airedale NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
05 June 2013
Procedural Posture
High Court Civil Claim (contract/employment) / Judgment After Trial
Outcome
Claimant succeeds. Declaration granted that the Trust has no power to increase the sanction on appeal. Injunction granted restraining the Trust from reconvening the appeal panel to consider sanction or increasing the sanction. Damages claim to be determined separately if pursued.
Legal Topics
Disciplinary Procedures, Employment Contracts, Appeals in Disciplinary Proceedings, Variation of Contract, Injunctions, Withdrawal of Appeal
Employment Law Contract Law Disciplinary Procedures Employment Contracts Appeals in Disciplinary Proceedings Variation of Contract Injunctions Withdrawal of Appeal

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Summary, issues, holding and outcome

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Parties

Elizabeth Joan McMillan

Claimant

Airedale NHS Foundation Trust

Defendant

Procedural Posture

High Court Civil Claim (contract/employment) / Judgment After Trial

Legal Issues

  1. 1 Whether the Trust's disciplinary procedures contractually permit an appeal panel to increase the sanction imposed at first instance
  2. 2 Whether the claimant was entitled to withdraw her appeal after an adverse decision on the merits
  3. 3 Whether correspondence between the parties created a binding collateral agreement permitting an increased sanction on appeal

Ratio Decidendi

The Trust's disciplinary procedures, as incorporated into Miss McMillan's contract, did not confer a contractual power on the appeal panel to increase the sanction imposed at first instance. There was no binding collateral agreement to vary this position. Miss McMillan was entitled to withdraw her appeal after the adverse decision. The Trust would be in breach of contract if it sought to increase the sanction or dismiss her on appeal.

Court Disposition

Claimant succeeds. Declaration granted that the Trust has no power to increase the sanction on appeal. Injunction granted restraining the Trust from reconvening the appeal panel to consider sanction or increasing the sanction. Damages claim to be determined separately if pursued.

Orders

  • Declaration that the Trust has no power to increase the sanction on appeal under the contract and disciplinary procedures.
  • Injunction restraining the Trust from reconvening the appeal panel to consider sanction or increasing the sanction imposed on Miss McMillan.