Chakrabarty v Ipswich Hospital NHS Trust & Anor
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
- MRS JUSTICE SIMLER DBE
Areas of Law
- Employment Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
United Kingdom
CORAM
AI Generated Summary
The Claimant, a Consultant at Ipswich Hospital NHS Trust, sought an injunction to prevent a capability hearing before a determination by NCAS or the GMC proceedings. The court ruled that the Trust could proceed with the capability hearing without an NCAS assessment and didn't need to wait for the outcome of GMC proceedings. Legal principles emphasized the balance between internal processes and external regulatory bodies.
Judgment
MRS JUSTICE SIMLER DBE :
Introduction
The Claimant, who is employed by the Ipswich Hospital NHS Trust (referred to as “the Trust”), seeks a permanent injunction restraining the Trust from referring his case to a capability hearing panel to consider the extent of any deficiencies in his capability or competence to work as a Consultant in Cardiology and General Medicine under the Trust’s internal competence/capability procedures which are referred to as “the ADCP” and the national procedure known as “Maintaining High Professional Standards in the Modern NHS” (“MHPS”) which the ADCP sought to implement at Trust level.
The primary basis for the injunction sought is that there has been no assessment of the prospects of success of remediation in the Claimant’s case by the National Clinical Assessment Service (“the NCAS”) and accordingly the Trust cannot lawfully proceed to a capability hearing at all. The alternative basis is more limited: the Claimant contends that the Trust should await the outcome of General Medical Council (“GMC”) proceedings in relation to his performance and fitness to practise, either by awaiting the final conclusion of such proceedings, or at least by awaiting the decision of the Medical Practitioners’ Tribunal Service (referred to as the “MPTS”) which is the adjudicatory arm of the GMC. No claim for damages is pursued in these proceedings and the Claimant has remained on full pay. The Trust denies the allegations of breach of contract and contends that it is entitled to proceed to a capability hearing which can consider and determine issues relating to the Claimant’s capability and continued employment, including the question whether there should be any adjournment of the hearing pending the decision of the MPTS.
The enquiry held by the MPTS commenced in January 2014, but there was insufficient time available for it to reach a conclusion. It has been re-listed to be tried to a conclusion between 18 September and 1 October 2014. Accordingly there is some urgency in addressing the issues raised by the Claimant in this case.
The NCAS was joined as a party to these proceedings by order of Lewis J dated 18 June 2014. It argues that the Claimant’s primary claim raises issues concerning the scope of its powers and the manner in which it discharges its functions that have a wider impact than this case alone; and contends for an alternative construction of paragraphs 14 and 15 of part IV of MHPS than that identified in Lim v Royal