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