July 10, 2018
If you are facing disciplinary proceedings at work, it makes sense to contact a Lawyer straight away. The point was made by one case in which a Judge came into the aid of a Consultant Psychiatrist who faced accusations of gross misconduct after a young prison inmate hanged himself.
The Psychiatrist worked part time at the prison where the 19 year old took his own life. She was on leave at the time, but she had assessed him and seen him several times. Following a lengthy investigation, her employer, an NHS trust, informed her that she would be summoned to a formal disciplinary hearing and accused of gross misconduct. She was warned that the proceedings could result in her summary dismissal.
She swiftly contacted Solicitors, who argued before the High Court that the evidence that would be available to the disciplinary panel simply could not support a finding of gross misconduct and that the proceedings would amount to a breach of her employment contract.
In issuing a interim injunction, the Court found that the Psychiatrist had raised serious issues to be tried and that she had a realistic prospect of establishing that the proposed disciplinary hearing would be unlawful. If the hearing went ahead and she lost her job, damages would not be an adequate remedy. the injunction means that the disciplinary process will be stalled, at least until after the full hearing of the Psychiatrist’s case.
Our Trainee Legal executive, Lucy Watson, comments that “this case highlights the importance of seeking legal advice if you are facing disciplinary proceedings at work as soon as possible. Seeking legal advice as early as possible could establish that any proposed disciplinary action could be deemed unlawful depending on the circumstances of your case.”
Contact our specialist Employment team at Tayntons Solicitors on 0800 158 4147 to book an initial 45 minute consultation for £75.00 plus VAT (£90.00).
Andron v Sussex Partnership NHS Foundation Trust. Case Number: HQ18X01574