Alexander-Wight v Barts NHS Trust HQ17/0599

Alexander-Wight v Barts NHS Trust HQ17/0599

The defendant Trust's disciplinary process was fundamentally unfair and mismanaged. The claimant was suspended without fair notice, opportunity to respond, or disclosure of allegations or policy. The Trust failed to follow its own procedures, did not provide the relevant policy, and acted precipitously. This...

Source-derived case information.

Parties
Claimant: Ms Gloria Alexander-Wight; Defendant: Barts NHS Trust
Jurisdiction
England and Wales
Judgment Date
20 December 2017
Procedural Posture
Employment Injunction Application / Interlocutory Application for Interim Injunction
Outcome
Application granted
Legal Topics
Disciplinary Suspension, Fair Procedure in Disciplinary Process, Implied Contractual Terms, Injunctions in Employment Disputes
Employment Law Disciplinary Suspension Fair Procedure in Disciplinary Process Implied Contractual Terms Injunctions in Employment Disputes

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Parties

Ms Gloria Alexander-Wight

Claimant

Barts NHS Trust

Defendant

Procedural Posture

Employment Injunction Application / Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 Whether the suspension of the claimant was a breach of contract due to unfair disciplinary procedure
  2. 2 Whether the claimant is entitled to an interim injunction restraining the employer from continuing suspension and disciplinary action

Ratio Decidendi

The defendant Trust's disciplinary process was fundamentally unfair and mismanaged. The claimant was suspended without fair notice, opportunity to respond, or disclosure of allegations or policy. The Trust failed to follow its own procedures, did not provide the relevant policy, and acted precipitously. This breached the implied term of trust and confidence and justified the grant of an injunction.

Court Disposition

Application granted

Orders

  • Interim injunction granted restraining the employer from continuing the suspension of the claimant
  • Interim injunction granted restraining the employer from further disciplinary action against the claimant