New podcast from Law Pod UK
10 July 2018
Emma-Louise Fenelon recently interviewed Richard Booth QC about a successful injunction application to prevent a gross misconduct disciplinary hearing. You can hear the interview on Episode 39 of Law Pod UK.
The Claimant, represented by Jeremy Hyam QC, was a consultant forensic psychiatrist whose employment duties included working on the healthcare wing at Lewes prison. Following the death in custody of an inmate on the healthcare wing who had been under the Claimant’s care, the Trust initiated an investigation into the Claimant’s conduct and capability. The report of the investigation made a number of findings of failure to meet professional standards in particular with respect to the record keeping of ward reviews, but put them in the context of an under-resourced prison service. Based on the report, the Trust’s case manager purported to convene a hearing to consider disciplinary action for gross misconduct against the Claimant.
An injunction was sought to prevent such hearing going ahead on the basis that, taken at its highest, the content of the investigation report did not justify a charge of gross misconduct; that the Trust’s policy definition of gross misconduct was lower that normally set by the common law; and that the Case Manager’s management statement of case went beyond the findings in the investigation report. Granting the injunction on an interim basis, the Court concluded that there were serious issues to be tried on all the issues raised by the Claimant and the balance of convenience was clearly in favour of the grant of the injunction.
The judgment can be found here: Bailii.
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