England and Wales Case Law

Dr Susan Gilby v Countess of Chester Hospital NHS Foundation Trust & Anor

The claimant made protected disclosures in the public interest regarding the second respondent’s conduct. The respondents subjected her to detriments, including exclusion, denial of access to materials, and engineered her exit, all materially influenced by her protected disclosures. The respondents’ conduct breached the implied term of trust and confidence, entitling the claimant to resign. Her resignation was a constructive dismissal, which was both unfair and automatically unfair under s.103A ERA as the principal reason was her protected disclosures.

Source excerpt

• Constructive dismissal
• Unfair dismissal
• Protected disclosure
• Detriment
• Breach of trust and confidence
• Suspension

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M Mettle v HCRG Care Limited

The Employment Tribunal did not err in law; the employer's actions were permitted by express contractual terms, and no case was made for implied variation. Suspension and relocation decisions were justified and adequately reasoned. No breach of the implied term of trust and confidence was established.

Source excerpt

• Constructive dismissal
• Unfair dismissal
• Implied term of trust and confidence
• Contractual terms
• Suspension
• Workplace relocation

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Dr Muhammad Asad Haroon v General Medical Council

The Tribunal’s decision to impose erasure was appropriate and necessary in the public interest, given the seriousness of the criminal offence, aggravating factors, limited insight, and risk of repetition. The Tribunal properly balanced aggravating and mitigating factors, applied relevant guidance and legal precedents, and its determination of sanction was not excessive or disproportionate.

Source excerpt

• Fitness to practise
• Sanctions
• Erasure
• Suspension
• Insight
• Remediation

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Haroon v General Medical Council

Haroon v General Medical Council [2025] EWHC 2619 (Admin) (10 October 2025)

High Court appeal against a GMC erasure sanction was dismissed. The court upheld the tribunal’s view that repeated violent conduct, limited insight, and risk of repetition justified erasure.

• Fitness to practise
• Sanctions
• Erasure
• Suspension
• Insight and remediation
• Aggravating and mitigating factors

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Cavanaugh v Folsana Pressed Sections Ltd

Cavanaugh v Folsana Pressed Sections Ltd [2024] EWHC 1381 (KB) (07 June 2024)

The High Court dismissed Mr Cavanaugh’s psychiatric injury claim, finding Folsana had reasonable cause to suspend and investigate him and no breach caused loss.

• Employer's duty of care
• Implied term of mutual trust and confidence
• Suspension and disciplinary process
• Foreseeability of psychiatric injury
• Personal injury in employment context
• Employment-law

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A v Choice Support (formerly MCCH Ltd)

The Employment Appeal Tribunal dismissed challenges to an ET decision, holding that the suspension issue was adequately addressed and time-extension discretion was properly exercised.

• Disability discrimination
• Jurisdictional time limits
• Whistleblowing
• Protected disclosures
• Sexual harassment
• Victimisation

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Gupta v Northampton Hospital NHS Trust

Gupta v Northampton Hospital NHS Trust [2021] EWHC 965 (QB) (21 April 2021)

The High Court refused a consultant oncologist’s application for interim injunctions after finding no serious issue to try over his exclusion and disclosure to private providers.

• Suspension of medical staff
• Breach of contract
• Implied term of trust and confidence
• Safeguarding
• Disclosure to third parties
• Interim injunctions

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Hopkins v Revenue And Customs (Rev 1)

Hopkins v Revenue And Customs (Rev 1) [2020] EWHC 2355 (QB) (01 September 2020)

High Court strike-out and summary judgment decision on an HMRC employee’s claims about arrest disclosure, data processing, suspension, grievance handling, and human rights.

• Breach of contract
• Gdpr/data protection act 2018
• Suspension and disciplinary procedures
• Human rights (echr)
• Negligence
• Misfeasance in public office

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Solicitors Regulation Authority v Main

Solicitors Regulation Authority v Main [2018] EWHC 3666 (Admin) (10 October 2018)

The High Court allowed the SRA’s appeal and increased a solicitor’s suspension after convictions for sexual and racially aggravated assault, stressing public confidence and professional reputation.

• Solicitor disciplinary proceedings
• Sanctions for criminal convictions
• Public confidence in the legal profession
• Suspension and striking off
• Sex offenders register and professional practice
• Professional-discipline

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Marsh v Ministry of Justice

An employment and psychiatric injury claim by a prison officer succeeded after the court found the Ministry of Justice wrongly delayed internal discipline and prolonged suspension.

• Negligence
• Breach of contract
• Duty of care
• Psychiatric injury
• Disciplinary proceedings
• Malik duty

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