Contractual disciplinary procedures


Where a disciplinary procedure is contractual, reps are in a strong position to insist the employer works through every stage, following it to the letter. To do otherwise risks breaching the employment contract, which may entitle the employee to an injunction — an order preventing the dismissal until the disciplinary procedure has been properly completed (Mezey v South West London & St George’s Mental Health NHS Trust [2010] EWCA Civ 293), or requiring an issue to be dealt with as one of capability as opposed to misconduct (West London Mental Health NHS Trust v Chhabra [2014] I AER 943). 


Contractual disciplinary procedures are most likely in large public sector organisations, such as NHS Trusts. 


Unless the procedure is clearly described as contractual, contractual status is likely to be very difficult to establish (Hendy v Ministry of Justice [2014] EWHC 2535).


Courts will not grant injunctions to fix minor irregularities even if a procedure is contractual (Kulkarni v Milton Keynes Hospital NHS Foundation Trust [2010] ICR 101).