Alexander-Wight v Barts NHS Trust HQ17/0599 [2017] EWHC 3870 (QB) (20 December 2017)

Alexander-Wight v Barts NHS Trust HQ17/0599 [2017] EWHC 3870 (QB) (20 December 2017)

The Trust's disciplinary process was fundamentally flawed and unfair, breaching the implied term of trust and confidence in the employment contract. The claimant was not given fair notice, supporting evidence, or an opportunity to respond to allegations before suspension. The Trust failed to follow its own procedures, did not consider alternatives to suspension, and relied on a policy document that was not produced. The process amounted to a repudiatory breach of contract, justifying injunctive relief.

Citation
[2017] EWHC 3870 (QB)
Parties
Claimant: Gloria Alexander-Wight; Defendant: Barts NHS Trust
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Interim Injunction Application / Hearing and Judgment on Application
Outcome
Application granted
Legal Topics
Disciplinary Procedures, Suspension of Employees, Implied Terms in Employment Contracts, Fairness in Investigations, Breach of Contract
Employment Law Injunctions Disciplinary Procedures Suspension of Employees Implied Terms in Employment Contracts Fairness in Investigations Breach of Contract

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Parties

Gloria Alexander-Wight

Claimant

Barts NHS Trust

Defendant

Procedural Posture

Interim Injunction Application / Hearing and Judgment on Application

Legal Issues

  1. 1 Whether the suspension of the claimant was lawful and in accordance with contractual and procedural fairness obligations
  2. 2 Whether the disciplinary process was conducted fairly and without undue delay
  3. 3 Whether the Trust's conduct breached the implied term of trust and confidence in the employment contract

Ratio Decidendi

The Trust's disciplinary process was fundamentally flawed and unfair, breaching the implied term of trust and confidence in the employment contract. The claimant was not given fair notice, supporting evidence, or an opportunity to respond to allegations before suspension. The Trust failed to follow its own procedures, did not consider alternatives to suspension, and relied on a policy document that was not produced. The process amounted to a repudiatory breach of contract, justifying injunctive relief.

Court Disposition

Application granted

Orders

  • Interim injunction granted restraining the Trust from continuing the suspension of the claimant
  • Interim injunction granted restraining the Trust from taking further disciplinary action against the claimant based on the flawed process