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King's / Queen's Bench Division of the High Court
KB-2025-001016 - [2025] EWHC 2023 (KB)
Fecha: 31-Jul-2025
Conclusions
Conclusion
For the reasons set out above, Dr MN succeeds on his claim. It is a term of Dr MN’s contract of employment that the Case Manager should be the Medical Director (in this case, the Chief Medical Officer) for the matters that are the subject of the present investigation; and the Trust must ensure that Mr Z carries out that role once the investigation has been completed unless one of the exceptional circumstances that justifies departure from that requirement applies.
- Heading
- Section 1
- Factual Background
- Witness evidence at the trial
- MHPS
- The Trust’s Documents
- The legal framework
- The parties’ submissions
- Discussion
- Issue 4: whether appointing Ms Y as Case Manager or authorising her to continue as Case Manager is a breach of the implied terms of the employment contract
- Issue 5: If the Investigation Report identifies concerns which relate to Dr MN’s conduct and/or capability, is the Trust required to implement the procedures set out in the E27 Policy at Section 3 and
- Relief
- Conclusions