High Court rules on disciplinary procedures

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18 / 8 / 2015 11.33am

A recent ruling from the High Court serves as an important reminder to NHS trusts to meet their obligations when it comes to representation in disciplinary procedures.

Trusts are advised to:

  • carefully examine their own contractually agreed disciplinary policies and procedures
  • seek advice in disciplinary cases where staff are working on honorary contracts or for more than one employer, to ensure they are meeting all their obligations before proceeding.

In a recent case Martin John Stevens v University of Birmingham, the High Court ruled that Professor Stevens, a clinical professor, was entitled to accompaniment in a disciplinary hearing by a representative from the Medical Protection Society, despite this not being permitted in the university’s own disciplinary procedure. Professor Stevens was working at the university under an honorary contract with an NHS foundation trust, and the High Court found that he was entitled to such representation in line with the trust’s own policies.

More detail about this case is available on the Capsticks website.

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