KB-2025-001016 - [2025] EWHC 2023 (KB)

Dr MN is a Consultant in Diabetes and General Paediatrics employed by NHS Foundation Trust L (which I shall refer to as “the Trust”). Dr MN has brought a claim for breach of contract against the Trust, seeking declaratory and injunctive relief to prevent the Trust from breaching his contract of employment with respect to an investigation that they are carrying out, and to the next steps that may be contemplated by the Trust following the conclusion of the investigation.

Case management of these proceedings has been carried out by Garnham J and Jeremy Johnson J, both of whom have made orders with respect to maintaining Dr MN’s anonymity. The underlying rationale for the grant of anonymity in these proceedings is that Dr MN gave evidence in the first criminal trial of Lucy Letby, and was granted lifetime anonymity by the trial judge, Goss J. So as to maintain Dr MN’s anonymity, it is also necessary for this judgment to refer to certain other individuals by the use of ciphers or in generic terms.

The issues in this case were identified by the parties as:

“1.

Whether policy E.27 is incorporated into the employment contract.

2.

Whether the following provision in Policy E27 Appendix A at paragraph 1.6 is apt to be given contractual effect:-

The Medical Director will act as the Case Manager in cases involving Clinical Leaders ie Clinical Directors and Service Group Leads and consultants and may delegate this role to a senior manager to oversee the case on his or her behalf in other cases.

3.

Whether by appointing and/or delegating Ms Y to undertake the role of Case Manager in C’s case, D has acted (and continues to act) in breach of Policy E27 Appendix A at paragraph 1.6.

4.

If issues (1) - (3) are determined in favour of D:

(a)

whether, by appointing Ms Y as Case Manager and/or delegating the role of Case Manager to her, D has acted (and continues to act) in breach of the implied terms of the employment contract.

(b)

Whether, by authorising Ms Y to continue to undertake the role of Case Manager, in circumstances where she has provided evidence to the Thirlwall Inquiry in relation to matters related to the subject matter of D’s ongoing internal investigation, D has breached (and continues to breach) the implied terms of the employment contract.

5.

If the Investigation Report identifies concerns which relate to C’s conduct and/or capability, is D required to implement the procedures set out in the E27 Policy at Section 3 and/or Section 4 before taking action in relation to C’s employment.

6.

If C establishes a breach of the express and/or implied terms of the employment contract, should the Court exercise its discretion to grant declaratory or injunctive relief and if so on what terms?”.