North West Anglia NHS Foundation Trust v Gregg [2019] EWCA Civ 387

Appeal against a decision that the Trust was or would be in breach of contract for failing, amongst other things, to pay the employee's salary during the period when he was the subject of an interim suspension. Appeal dismissed on the salary issue but allowed on the other two.

Dr Gregg was suspended after 2 patients in his care died. There were 3 issues at stake here: whether he was entitled to be paid during the period of his interim suspension; whether the Trust was entitled, notwithstanding the internal investigation/disciplinary proceedings in respect of misconduct, to have a hearing with him to consider terminating his contract on the alternative basis that he did not hold the requisite registration; and whether the Trust was in breach of the implied term of trust and confidence by progressing their own internal disciplinary proceedings without waiting for the completion of the police investigation.

The court dismissed the first ground of appeal. The imposition of an interim non-terminatory suspension, where the underlying allegations are disputed, should not lead to a deduction of pay. On the second ground, the court considered that the judge was wrong to find that the Trust would be acting unfairly in inviting Dr Gregg to a hearing to discuss the possibility of terminating his contract because of his failure to maintain his licence. On the third issue, the judge did not apply the right test when concluding that the Trust was in breach of the implied term.

Published: 20/03/2019 14:44

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