Sarker v Worcestershire Acute Hospitals NHS Trust [2015] EWHC 165 (QB) (29 January 2015)

Sarker v Worcestershire Acute Hospitals NHS Trust [2015] EWHC 165 (QB) (29 January 2015)

The claimant failed to demonstrate that the disciplinary panel's refusal to adjourn the hearing amounted to unfairness or a clear wrong justifying court intervention. The panel complied with the contractual disciplinary procedure, made reasonable adjustments for the claimant's dyslexia, and retained discretion to seek further expert evidence. The court should not micro-manage internal disciplinary processes, especially where an appeal mechanism exists. Interim relief was therefore refused.

Citation
[2015] EWHC 165
Parties
Claimant: Sudip Sarker; Defendant: Worcestershire Acute Hospitals NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 January 2015
Procedural Posture
Application for Interim Injunction / Interlocutory Application Before Judgment in Disciplinary Proceedings
Outcome
Application for interim injunction refused
Legal Topics
Interim Injunctions, Disciplinary Proceedings, Reasonable Adjustments for Disability, Contractual Interpretation, Procedural Fairness
Employment Law Administrative Law Interim Injunctions Disciplinary Proceedings Reasonable Adjustments for Disability Contractual Interpretation Procedural Fairness

Case Brief

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Parties

Sudip Sarker

Claimant

Worcestershire Acute Hospitals NHS Trust

Defendant

Procedural Posture

Application for Interim Injunction / Interlocutory Application Before Judgment in Disciplinary Proceedings

Legal Issues

  1. 1 Whether the disciplinary panel's refusal to adjourn the hearing was unfair and justified interim injunctive relief
  2. 2 Whether the Trust complied with its contractual disciplinary procedures
  3. 3 Whether reasonable adjustments for the claimant's dyslexia were required and adequately considered

Ratio Decidendi

The claimant failed to demonstrate that the disciplinary panel's refusal to adjourn the hearing amounted to unfairness or a clear wrong justifying court intervention. The panel complied with the contractual disciplinary procedure, made reasonable adjustments for the claimant's dyslexia, and retained discretion to seek further expert evidence. The court should not micro-manage internal disciplinary processes, especially where an appeal mechanism exists. Interim relief was therefore refused.

Court Disposition

Application for interim injunction refused

Orders

  • Application for interim injunction is dismissed
  • No order restraining the disciplinary panel from proceeding