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 any contractual power on the appeal panel to increase the sanction imposed at first instance. The procedures only permitted the panel to uphold or reduce the sanction, not to impose a greater penalty. No binding collateral agreement was formed by the February 2012 correspondence to vary these rights. 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 on appeal.

Citation
[2013] EWHC 1504 (QB)
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 (queen's Bench Division) / Judgment After Trial
Outcome
Claim allowed. 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.
Legal Topics
Disciplinary Procedures, Employment Contracts, Appeals in Disciplinary Proceedings, Injunctions, Variation of Contract, Withdrawal of Appeal
Employment Law Contract Law Disciplinary Procedures Employment Contracts Appeals in Disciplinary Proceedings Injunctions Variation of Contract Withdrawal of Appeal

Case Brief

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Parties

Elizabeth Joan McMillan

Claimant

Airedale NHS Foundation Trust

Defendant

Procedural Posture

High Court Civil Claim (queen's Bench Division) / 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 any contractual power on the appeal panel to increase the sanction imposed at first instance. The procedures only permitted the panel to uphold or reduce the sanction, not to impose a greater penalty. No binding collateral agreement was formed by the February 2012 correspondence to vary these rights. 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 on appeal.

Court Disposition

Claim allowed. 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.

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.