Employment Briefing - July 2010

Originally published in July 2010

Unlimited Loss of Earnings Following Breach of Disciplinary Procedure

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust the Court of Appeal overturned an EAT's decision that damages were limited to notice and a notional period for a disciplinary process where a contractual procedure was not adhered to.

Mr Edwards was a consultant trauma and orthopaedic surgeon who faced charges of professional and personal misconduct. Under the terms of the Trust's contractual disciplinary procedure the Trust was obliged:

• To appoint a person with legal qualifications to chair the panel;
• To appoint as a member of the panel a clinician of the same medical discipline as Mr Edwards;