This is a preview. To continue reading please log in or Register to read this article

Disciplinary procedure: Employer prevented from acting outside contractual disciplinary procedure

This report relates to 1 case(s)

The Court of Appeal holds in Barros D'Sa v University Hospital Coventry and Warwickshire NHS Trust, sued as Walsgrave Hospital NHS Trust 18.6.01 that an employer that dealt with allegations of an employee's misconduct by way of an inquiry panel, constituted under its disciplinary procedure to find facts and make recommendations as to any disciplinary action to be taken, was not entitled at a subsequent disciplinary hearing to take account of matters in respect of which the panel made no findings. In this case the High Court was right to grant an injunction preventing the employer from relying on management's unproven assertions that the relationship of trust and confidence had broken down and that the employee should be dismissed, notwithstanding that the inquiry panel had recommended that dismissal would be wholly unjustified.