Fynes v St George's Hospital NHS Trust

Fynes v St George's Hospital NHS Trust

The Court found that the Defendant's Medical Staff Procedure, but not MHPS, was incorporated into the Claimant's contract of employment to the extent relevant. The classification of the six allegations as misconduct was reasonable and supported by evidence. There was no breach of contract or procedural impropriety. The Claimant was not entitled to injunctive or declaratory relief.

Parties
Claimant: Michelle Fynes; Defendant: St George’s Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
18 March 2014
Procedural Posture
Employment/contractual Dispute / Judgment on Application for Injunctive and Declaratory Relief
Outcome
Claim dismissed
Legal Topics
Disciplinary Procedures, Incorporation of Policy Into Contract, Classification of Misconduct Vs Capability/health, Injunctions in Employment Context
Employment Law Contract Law Medical Law Disciplinary Procedures Incorporation of Policy Into Contract Classification of Misconduct Vs Capability/health Injunctions in Employment Context

Case Brief

Summary, issues, holding and outcome

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Parties

Michelle Fynes

Claimant

St George’s Hospital NHS Trust

Defendant

Procedural Posture

Employment/contractual Dispute / Judgment on Application for Injunctive and Declaratory Relief

Legal Issues

  1. 1 Whether the Defendant breached the Claimant's contract by classifying allegations as misconduct rather than health or capability issues
  2. 2 Whether the Defendant's Medical Staff Procedure and/or MHPS is incorporated into the Claimant's contract of employment
  3. 3 Whether an injunction or declaratory relief should be granted to restrain disciplinary proceedings

Ratio Decidendi

The Court found that the Defendant's Medical Staff Procedure, but not MHPS, was incorporated into the Claimant's contract of employment to the extent relevant. The classification of the six allegations as misconduct was reasonable and supported by evidence. There was no breach of contract or procedural impropriety. The Claimant was not entitled to injunctive or declaratory relief.

Court Disposition

Claim dismissed

Orders

  • The Claimant's claim and application for declaratory and injunctive relief are dismissed.
  • The Claimant to pay the Defendant's costs of the claim and application, subject to detailed assessment if not agreed.