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 defendant Trust's disciplinary process was fundamentally flawed, procedurally unfair, and not in accordance with its own policies or implied contractual terms. The claimant was not given fair notice, opportunity to respond, or access to relevant policies. The suspension was not justified as a necessary or proportionate response, and the process was mismanaged to the extent that it breached the implied term of trust and confidence. The claimant is entitled to the interim injunction sought.

Citation
[2017] EWHC 3870
Parties
Claimant: Gloria Alexander-Wight; Defendant: Barts NHS Trust
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Application for Interim Injunction / Hearing and Judgment on Interim Relief
Outcome
Application granted
Legal Topics
Disciplinary Procedures, Suspension From Employment, Implied Contractual Terms, Fairness in Disciplinary Process, Injunctions in Employment Disputes
Employment Law Injunctions Disciplinary Procedures Suspension From Employment Implied Contractual Terms Fairness in Disciplinary Process Injunctions in Employment Disputes

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Parties

Gloria Alexander-Wight

Claimant

Barts NHS Trust

Defendant

Procedural Posture

Application for Interim Injunction / Hearing and Judgment on Interim Relief

Legal Issues

  1. 1 Whether the suspension of the claimant was lawful and in accordance with contractual and procedural fairness
  2. 2 Whether the disciplinary process breached implied terms of trust and confidence
  3. 3 Whether the claimant is entitled to an interim injunction restraining suspension and further disciplinary action

Ratio Decidendi

The defendant Trust's disciplinary process was fundamentally flawed, procedurally unfair, and not in accordance with its own policies or implied contractual terms. The claimant was not given fair notice, opportunity to respond, or access to relevant policies. The suspension was not justified as a necessary or proportionate response, and the process was mismanaged to the extent that it breached the implied term of trust and confidence. The claimant is entitled to the interim injunction sought.

Court Disposition

Application granted

Orders

  • Interim injunction granted restraining the defendant from continuing the suspension of the claimant
  • Interim injunction granted restraining the defendant from taking further disciplinary action against the claimant pending proper process