Source: All England Reporter
Publisher Citation: [2003] All ER (D) 05 (May)
Court: Administrative Court

Collins J

Representation Michael Supperstone QC and Anya Proops (instructed by Clive & Co) for the claimant.
  Thomas de la Mare (instructed by Field Fisher Waterhouse) for the GMC.
  Robert Jay QC (instructed by Mills & Reeve, Birmingham) for the trust.
Judgment Dates: 1 May 2003


Employment - Suspension from work - Medical practitioner - Interim suspension order precluding practitioner from practising - Use of order as basis for dismissal from employment - s 98(2) - s 47(3).

The Case

On the true construction of s47(3) of the Parliament had intended to preserve the position of a medical practitioner, whose registration as such had been suspended by an interim order, vis-a-vis his employment. It was therefore unlawful for the NHS trust employing the claimant to consider dismissing him on the basis of that suspension alone.

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