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On appeal from: [2013] EWCA Civ 11.

Concerns the roles of the case investigator and the case manager when handling concerns about a doctor’s performance under the disciplinary procedures in the NHS.

Held: the procedures do not allow the case investigator to determine the facts. Their aim was to have someone investigate the complaints identified by the case manager to discover if there is a prima facie case of a capability issue or misconduct. It would introduce an unhelpful inflexibility into the procedures if (i) the case investigator were not able to report evidence of misconduct which was closely related to but not precisely within the terms of reference; or (ii) the case manager were to be limited to considering only the case investigator’s findings of fact when deciding on further procedure. Furthermore, there were number of irregularities in the proceedings against the appellant that cumulatively render the convening of a conduct panel unlawful as a material breach of her contract of employment.

For judgment, please download: [2013] UKSC 80
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII