Source: All England Reporter
Publisher Citation: [2012] All ER (D) 153 (May)
Neutral Citation: [2012] EWCA Civ 641
Court: Court of Appeal, Civil Division
Judge:

Stanley Burnton and Elias LJJ and Sir Stephen Sedley
Representation John Hendy QC, Giles Powell and Nicola Newbegin (instructed by Ashfords LLP) for the claimant.
  John Cavanagh QC and Jennifer Jones (instructed by Harrison Clark) for the Trust.
Judgment Dates: 18 May 2012

Catchwords

National Health Service - Hospital - Staff - Compatibility of dismissal with civil right - Claimant being dismissed by defendant NHS Trust on ground of gross misconduct - Claimant seeking declaration dismissal ineffective - Application being refused - Whether judge erring in not finding allegations of misconduct constituting professional misconduct - Whether Trust breaching implied obligation of fairness in conduct of disciplinary proceedings - Whether dismissal constituting determination of claimant's civil rights - European Convention on Human Rights, art 6.

The Case

National Health Service Hospital. The Court of Appeal, Civil Division, in dismissing the claimant employee's appeal, held, inter alia, that the defendant employer Trust's disciplinary proceedings had not breached art6 of the European Convention on Human Rights as the claimant's dismissal had not determined any civil right of his.

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