England and Wales Case Law

Guy’s & St Thomas’ NHS Foundation Trust v Nizam Mamode

The Employment Judge erred in law by failing to adequately apply the correct legal test for repudiatory breach, providing insufficient reasoning, and expanding the issues beyond those pleaded. The flawed analysis rendered the judgment unsafe and necessitated remittal to a different Employment Judge.

Source excerpt

• Constructive unfair dismissal
• Breach of contract
• Implied term of mutual trust and confidence
• Disciplinary procedures
• Grievance procedures

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The University of Sussex, R (On the Application Of) v The Office for Students

The University of Sussex, R (On the Application Of) v The Office for Students [2026] EWHC 984 (Admin) (29 April 2026)

Judicial review of OfS findings that the University of Sussex’s policy and governance arrangements breached conditions E1 and E2, and the £585,000 penalty.

• Judicial review
• Freedom of speech
• Academic freedom
• Higher education regulation
• Institutional autonomy
• Disciplinary procedures

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McKenzie v First Greater Western Ltd (t/a Great Western Railway)

McKenzie v First Greater Western Ltd (t/a Great Western Railway) [2026] EWHC 868 (KB) (17 April 2026)

The High Court refused an interim injunction to stop an employer’s disciplinary hearing, holding the employee’s complaints should be pursued within the disciplinary process and appeal.

• Disciplinary procedures
• Interim injunctions
• Procedural fairness
• Disability discrimination
• Reasonable adjustments
• Bias and impartiality

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Johnson McKenzie v First Greater Western Limited

The High Court refused to restrain a workplace disciplinary hearing, holding the claimant’s disclosure, bias, investigation, and fitness complaints should be dealt with internally and on appeal.

• Disciplinary procedures
• Interim injunctions
• Procedural fairness
• Disability discrimination
• Reasonable adjustments
• Employment-law

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Dr Neeraj Nirmal v Birmingham Women’s and Children’s Hospital NHS Foundation Trust

The Court discharged the ex parte injunction because the Defendant had considered the training route with HEE and reasonably decided to proceed with its own disciplinary process. The pleaded claim was not strong or likely to succeed, and the Court should not micro-manage the disciplinary process. The panel can address fairness issues, including legal representation and witness evidence, within its own procedures.

Source excerpt

• Disciplinary procedures
• Gross misconduct
• Sexual harassment
• Contractual interpretation
• Natural justice
• Legal representation in disciplinary hearings

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Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust

Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB) (25 March 2026)

The High Court discharged an ex parte injunction halting a doctor’s disciplinary hearing, finding the pleaded misclassification challenge was weak and the panel could address fairness issues itself.

• Disciplinary procedures
• Gross misconduct
• Injunctions
• Natural justice
• Employment contracts
• Medical professionals

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Andrew Woodhead v WTTV Limited & Anor

The claim for misuse of private information fails because the disclosure by NPQ and the use by WTTV Limited were justified, proportionate, and within the scope of legitimate disciplinary procedures. WTTV Limited was not vicariously liable for NPQ's disclosure. However, the employer breached its duty of care by failing to inform the claimant that certain complaints would not proceed, and by insisting on unnecessary procedural steps during the claimant's ill health, which materially contributed to his psychiatric injury. The injury was indivisible and not apportionable.

Source excerpt

• Misuse of private information
• Negligence
• Vicarious liability
• Employer's duty of care
• Disciplinary procedures
• Psychiatric injury

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K Davies v Oscar Mayer Ltd

An Employment Tribunal found Mr Davies’ dismissal unfair after an inadequate investigation into alleged racial harassment, but reduced compensation by 15% for contributory fault.

• Unfair dismissal
• Racial harassment
• Procedural fairness
• Disciplinary procedures
• Redundancy
• Contributory fault

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Tom Simpson v Unite the Union

Appeal dismissed in a trade union discipline case. The EAT held the Certification Officer applied the correct test and that no apparent predetermination bias was shown.

• Natural justice
• Apparent bias
• Disciplinary procedures
• Trade union membership
• Certification officer jurisdiction
• Apparant-bias

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Woodhead v WTTV Ltd & Anor

Woodhead v WTTV Ltd & Anor [2025] EWHC 1128 (KB) (12 May 2025)

The High Court dismissed a private information claim but upheld a negligence claim over how WTTV Limited handled a disciplinary process that caused psychiatric injury.

• Employer's duty of care
• Misuse of private information
• Vicarious liability
• Disciplinary procedures
• Psychiatric injury
• Breach of confidence

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