11/10/1989

R v Secretary of State for Health, ex parte Guirguis

Uncategorized

Court of Appeal

Doctor's appeal from the High Court's dismissal of his application for judicial review of Secretary of State for Health's refusal to intervene in his summary dismissal by Trent AHA for taking 60 days to visit his sick father after he was refused sabbatical leave. He applied to the secretary of state to intervene under para.90, NHS Terms & Conditions of Service of Hospital, Medical & Dental Staff (England & Wales) which provided, inter alia, that a consultant who considered that his appointment was being unfairly terminated could send a statement of facts to the secretary of state, who might decide to intervene.
HELD: The wording of para.190 was too strong and clear to admit of any implication. It could not apply to those who were summarily dismissed but only to those whose employment was terminated on notice. There was no injustice because the applicant was not without a remedy. He could apply to an industrial tribunal and had a remedy for damages at common law.
Appeal dismissed.

[1990] IRLR 30,[1989] 1 Med LR 91,[1990] COD 90.