Contractual procedures

An employer’s failure to follow a contractual disciplinary or grievance procedure can lead to legal action for breach of contract or an injunction preventing dismissal if the disciplinary procedure has not been properly completed (Mezey v South West London & St George’s Mental Health NHS Trust [2010] EWCA Civ 293). In another example, in West London Mental Health NHS Trust v Chhabra [2013] UKSC 80, an injunction was granted because the employee had the contractual right to insist that her employer follow a “capability” procedure instead of a disciplinary procedure, with different professional consequences.

Contractual disciplinary procedures are most likely in large public sector organisations such as NHS Trusts. For example, in the Chhabra case mentioned above, the disciplinary framework in this NHS Trust was contractual and this is what allowed the employee to take out an injunction to prevent dismissal.