Disciplinary Procedure for NHS Medical & Dental Staff

Since June 2005,all NHS Trusts are obliged to follow the procedure under Maintaining High Professional Standards in the Modern NHS ('MHPS') for disciplinary and capability allegations involving doctors & dentists. MHPS replaces the previous procedure contained in circular HC(90)9. The full MHPS document can be downloaded from the Department of Health's website by first clicking here.

The following cases from employment tribunals, High Court, and Court of Appeal refer to relevant sections of the MHPS. The cases below would help you understand the range of legal remedies available if a Trust fails to follow the procedure per MHPS and the Court's approach to such issues.

Hameed v Central Manchester University Hospitals NHS Foundation Trust [2010] EWHC 2009(QB)--fairness of disciplinary process per Article 6,permission to appeal granted--High Court Judgment(30 July 2010)

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571  (26 May 2010)--failure to follow proper disciplinary procedure, breach of contract, damages--Court of Appeal Judgment

Mezey v South West London & St George's Mental Health Trust [2010] EWCA Civ 293(30 March 2010)--injunction against disciplinary hearing, MHPS. Summary

Niekrash v South London Healthcare NHS Trust (29 January 2010)--ET Judgment pdf

G v X School & Ors [2010]EWCA Civ 1(20 January 2010) ; right to have legal representation at disciplinary hearing: refers to Kulkarni

Kulkarni v Milton Keynes Hospital NHS Foundation Trust & Anor [2009] EWCA Civ 789 (23 July 2009)

Lakshmi v Mid Cheshire Hospitals NHS Trust [2008] EWHC 878 (QB) (24 April 2008)

Nageh v Southend University Hospital NHS Foundation Trust [2007] EWCA Civ 1432 (01 November 2007)

Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust [2005] EWHC 2407 (QB) (02 November 2005)

The following case was decided by the House of Lords in 2003 which analyses the procedure per HC(90)9.

Skidmore v Dartford & Gravesham NHS Trust [2003] UKHL 27 (22 May 2003)

Register to Have Full Access to All Medical Law Pages & the Entire Site

Register Here--Free

 

Custom Search

©2000-2010
Medical-Journals.com
All Rights Reserved