Call us now 01473 688100

Injunction granted to stop disciplinary proceedings

Posted on 6th April 2010
Case law

The Court of Appeal has upheld an injunction preventing an NHS Trust from commencing disciplinary proceedings against a consultant forensic psychiatrist.

On this page

Meet the author

Simon Quantrill Simon
Managing Partner Telephone: 01473 688100

Mezey v South West London & St George's Mental Health NHS Trust 2010


A patient of Dr Mezey had absconded from a mental health unit and murdered a man. Under the Trusts contractual disciplinary procedures an investigatory panel was set up. The panel concluded that Dr Mezey's actions in treating the patient had been within a range of opinion and that she had not been guilty of serious professional incompetence or misconduct. Despite this finding the Trust attempted to proceed with a disciplinary hearing.

The decision

An injunction was granted preventing the Trust from proceeding as the contractual procedures required Dr Mezey's competence to be in question for disciplinary action to be warranted. As this was not the case the Trust could not proceed.

In practice

Although a rare judgment and one which will only affect employers with strict contractual procedures, this decision is a reminder that employers must be careful to ensure that the actions that they propose to take against employees fall within their own procedures. Failure to do so could allow an employee to take preventative action as in this case.

Clear, concise and accurate information for employers and HR professionals

Visit the hrlegal archive

Find out how we can help you

Click here to contact us or phone us 01473 688100

Keep your legal costs down with

Professional telephone and email advice and guidance for solving your everyday employment law and HR issues

No waffle, well written employment law updates and HR news articles, including case reports, helping employers and people managers keep up to date with what's important

Our outstanding employment tribunal litigation service for employers designed to secure the best possible outcome for a value for money cost

Tailored, knowledgeable and cost effective 'How To' training in HR best practice and employment law for people managers

Related articles