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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I am a hospital consultant on a salary of £100k a year. My

Customer Question

I am a hospital consultant on a salary of £100k a year. My employer was pursuing a conduct matter (patient complaint in Dec 2011 which I think the employer has fabricated himself) via the contractual disciplinary procedure but breached procedure many times. The BMA are helping me and when I raised concern at the last breach (the employer did not allow me to study information relating to the allegations) he said I was not cooperating with the investigation, and instead of taking the matter to a panel hearing, said there was a breakdown of relationship and he is pursuing that not via the contractual disciplinary procedure but by calling me to a meeting arranged for January 24 where I could be dismissed. To me the questions are what constitutes not cooperating with an investigation, does not cooperating with investigation automatically mean breakdown of relationship, are there objective criteria that must be met to qualify for a breakdown in relationship or does the mere word of the employer suffice, and if the employer thinks I have done something wrong should he not be following the contractual disciplinary procedure which gives me greater protections, and do me actions merit a dismissal. Dismissal would cause financial hardship with loss of earnings and pensions with no chance of finding reemployment, and damages will clearly not be an adequate remedy. If nothing is done there is strong risk of injustice i.e . dismissal. As prevention of dismissal is better than cure, in the circumstances is it possible to obtain an interim injunction restraining my employer from dismissing me. If the answer to that is yes, could you please help me to get one, how much would it cost and what do I have to do, remembering that time is of the essence here.

Many thanks for your reply

Dr Krishna Reddy XXXXX
01752 788041
Submitted: 4 years ago.
Category: Law
Expert:  Senior Partner replied 4 years ago.
Thank you for your question. It sounds a little strange that your employer is currently investigating a complaint made by a patient in dec 2011. If there is an allegation of misconduct on your part then it should be investigated as soon as possible. If there have been breaches of the disciplinary procedure then you can file a formal grievance about this. I do not think you can get an injunction against your employer. The courts normally grant restraining injunctions where there is no adequate remedy available for the damage that will rest if they do not . If you are unfairly dismissed then you have both a right to damages and a right to claim reinstatement.

If there is a disciplinary hearing then you can make all the points about conduct but the individual making the the investigation and claim the break down of relationship cannot also hear the disciplinary process as that would not be fair.

It is a little unusual for the employer to claiming a complete breakdown of the relationship - this is a normally a claim by the employee. More to the point the claim is normally made to establish that the other party has effectively repudiated the contract of employment when claiming constructive dismissal. So to claim there is a complete breakdown suggests a claim that you have acted in a way that as bought your contract to an end and you are no longer employed - which is clearly not the case.

You are not unfortunately allowed a lawyer at the disciplinary hearing but you can take a union representative or work colleague and I would do so.