McMillan v Airedale NHS Foundation Trust

McMillan v Airedale NHS Foundation Trust

There is no express or implied contractual power for the appeal panel to increase the sanction imposed on Miss McMillan; the right of appeal is for the employee’s benefit and may be withdrawn at any stage; no binding agreement was reached to vary these rights; and the Trust’s attempt to proceed to increase sanction after withdrawal of the appeal would be a breach of contract.

Parties
Claimant: Elizabeth Joan McMillan; Defendant: Airedale NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
05 June 2013
Procedural Posture
Civil (employment/contract) / Judgment After Trial
Outcome
Claim allowed for declaratory and injunctive relief; Trust restrained from reconvening appeal panel to consider sanction.
Legal Topics
Disciplinary Procedures, Employment Contracts, Appeals in Disciplinary Proceedings, Implied Terms, Withdrawal of Appeals, Variation of Contract, Bias in Internal Hearings
Employment Law Contract Law Disciplinary Procedures Employment Contracts Appeals in Disciplinary Proceedings Implied Terms Withdrawal of Appeals Variation of Contract +1 more

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Parties

Elizabeth Joan McMillan

Claimant

Airedale NHS Foundation Trust

Defendant

Procedural Posture

Civil (employment/contract) / Judgment After Trial

Legal Issues

  1. 1 Whether the appeal panel had contractual power to increase the sanction on appeal
  2. 2 Whether the claimant was entitled to withdraw her appeal after an adverse decision on the merits
  3. 3 Whether a binding agreement was reached conferring a power to increase sanction on appeal

Ratio Decidendi

There is no express or implied contractual power for the appeal panel to increase the sanction imposed on Miss McMillan; the right of appeal is for the employee’s benefit and may be withdrawn at any stage; no binding agreement was reached to vary these rights; and the Trust’s attempt to proceed to increase sanction after withdrawal of the appeal would be a breach of contract.

Court Disposition

Claim allowed for declaratory and injunctive relief; Trust restrained from reconvening appeal panel to consider sanction.

Orders

  • Permanent injunction restraining the Trust from reconvening the appeal panel to consider sanction or further matters under the withdrawn appeal.
  • Declaration that the appeal panel has no power to increase the sanction imposed at first instance.