The Court of Appeal in the case of North West Anglia NHS Foundation Trust v Gregg has found that an employer should not postpone a disciplinary hearing pending the outcome of a police investigation into an employee.
The claimant, a doctor facing disciplinary, regulatory and police enquiries after two patient deaths, was suspended on full pay. A police investigation was started and the Interim Orders Tribunal – a professional disciplinary body – temporarily suspended Gregg's registration and withdrew his licence. The Trust then sought to stop his pay. Gregg brought proceedings in the High Court.
The High Court granted an injunction preventing disciplinary proceedings pending the end of criminal proceedings. The Court of Appeal overturned the injunction. It warned against 'micro-management' by the court of an employer's employment procedures. The doctor was contractually obliged to participate in the disciplinary process, and only a real danger of injustice would justify an injunction.
The High Court held that suspension had to be with pay, and the subsequent Court of Appeal hearing agreed. The doctor was 'ready, willing and able' to work, and the IOT suspension was involuntary, so this would not permit unpaid suspension in all but exceptional circumstances.
