The Claimant, Dr Jain, was employed by the Defendant NHS Foundation Trust as a Consultant Radiologist. The Trust was investigating concerns raised about the Claimant’s clinical practice and working relationships in the Trust’s breast screening service.
The Claimant claimed that the manner in which the Trust investigated these complaints was in breach of the terms and conditions of his contract employment, and in particular the provisions of the ‘Maintaining High Professional Standards’ [MHPS] framework, which he contended were contractually incorporated and applicable in the material circumstances.
The Court made the following key findings:
Ultimately, the Court dismissed the claim finding that the Trust had not breached any of the express or implied terms of the Claimant’s employment.
Mark Sutton QC and Louise Chudleigh were instructed by Law by Design Limited for the Defendant.
Nicola Newbegin of Old Square Chambers (led by Jeremy Hyam QC of One Crown Office Row) was instructed by Radcliffes LeBrasseur LLP for the Claimant.
Case summary written by Joanne Twomey
To see the full judgment please click here.
High court, Manchester university, NHS Foundation trust
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