Lim v Royal Wolverhampton Hospitals NHS Trust
The Defendant would be in breach of contract if it proceeded to a capability hearing before an NCAS assessment panel advised that no action plan had a realistic chance of success, as required by HR27 and MHPS Part IV. The Defendant was not in breach regarding the delay in pursuing misconduct allegations.
- Parties
- Claimant: Dr Lim; Defendant: Royal Wolverhampton Hospitals NHS Trust
- Jurisdiction
- England and Wales
- Judgment Date
- 10 August 2011
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim partly upheld
- Legal Topics
- Disciplinary Procedures, Capability Hearings, Contractual Incorporation, Delay in Misconduct Proceedings
Case Brief
Summary, issues, holding and outcome
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Parties
Dr Lim
Claimant
Royal Wolverhampton Hospitals NHS Trust
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the Defendant breached contractual obligations by proceeding to a capability hearing without NCAS assessment panel advice
- 2 Whether the Defendant breached contractual obligations by pursuing misconduct allegations after delay
Ratio Decidendi
The Defendant would be in breach of contract if it proceeded to a capability hearing before an NCAS assessment panel advised that no action plan had a realistic chance of success, as required by HR27 and MHPS Part IV. The Defendant was not in breach regarding the delay in pursuing misconduct allegations.
Court Disposition
Claim partly upheld
Orders
- Defendant restrained from proceeding to a capability hearing until NCAS assessment panel advice is obtained as per HR27 paragraph 1.23.
- No breach found in pursuing misconduct allegations; Defendant may proceed with misconduct hearing.
Full Case Text
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