Disciplinaries and criminal proceedings

15th April 2019

Disciplinaries and criminal proceedings

In professional misconduct cases, a criminal investigation often sits alongside a disciplinary investigation. Employers do not want to wait for the outcome of the criminal case before concluding disciplinary proceedings, especially when the employee is suspended on full pay. The Court of Appeal looked at this issue in North West Anglia NHS Trust v Gregg, in a case involving a doctor.

Dr Gregg was accused of causing the early deaths of several patients. The Trust started disciplinary proceedings and told the police. The doctor was advised by his legal team not to participate in the disciplinary proceedings in case he prejudiced the criminal case. The Trust refused to adjourn the proceedings. Dr Gregg sought, and was granted, a High Court injunction stopping the disciplinary process until the criminal case had concluded. The judge found that pursuing the disciplinary process rather than waiting to see if he was charged with a crime breached the implied term of mutual trust and confidence.

The Court of Appeal disagreed. The correct test was twofold: firstly, was the conduct of the employer designed to destroy or seriously damage the relationship with the employee? Secondly, was there reasonable and proper cause for those steps? The Court of Appeal said the Trust’s conduct was not designed to damage the relationship. They also said the Trust had reasonable and proper cause for wanting to pursue the disciplinary process against Dr Gregg. An injunction should only be granted if there is a real danger of a miscarriage of justice, which there was not in this case. Legal advice not to engage in the process is not enough to justify an injunction.

The court in this case essentially said the Trust should have been allowed to get on with it. The test applied by an employer (genuine belief in guilt based on reasonable grounds) is much lower than the criminal test of proving allegations beyond reasonable doubt. That is another reason to treat the two processes differently. Employers will not usually need to wait for the outcome of criminal proceedings before concluding their own investigations.

If you have any queries about disciplinary action, with our without criminal proceedings, contact Marie Allen on  01473 298133 or email [email protected].

Blog Posts

Insurers proposing further cap on compensation

15/03/2024

The Whiplash Injury Regulations 2021 brought in tariffs for “whiplash” injuries and a new…

Read More
Upcoming Events

Sorry, we have no events found for this month.

News Posts

Gotelee Solicitors joins forces with Mezzle to deliver enhanced Legal Services to clients

27/02/2024

Gotelee Solicitors, a longstanding pillar of the local legal community since 1880, is beginning…

Read More

Testimonials

"We were very pleased to have Jade working with us, the service was excellent and we felt kept in the loop which minimised stress."

- CT

"The ease that we could access and speak to Pat Smith - Thank you"

-

"I would like to say thank you for your help, support and guidance over the last two and a half years. Obviously should I need further assistance in the future I shall not hesitate to call you guys."

-

"Jade Shelton was absolutely fantastic!! Professional and proactive at all times."

- JH

"Jade made the process of buying our first home quick, easy and took the stress out of a new chapter of our lives"

-

"This is by far the go-to firm for any issues. You are made to feel valued from the outset and they are so confident in what they do. Wouldn't recommend any other. Thank you Hugh and Max."

- Ros Jones

"Prompt, helpful, polite and very professional service."

-

"Approachable, very efficient, always willing to take my calls and update me."

- SH

    Please select preferred method of contact

    * We will only contact you by telephone if you select this as primary form of contact. All web enquiries will be stored on our website for 30 days.