Jeffrey Jupp, instructed by Shazia Khan at Irwin Mitchell, has successfully obtained an interim injunction on behalf of a senior consultant interventional cardiologist requiring his employer, an NHS Trust, to lift restrictions on his practice and to permit him to work full time.
In January 2018 the cardiologist was excluded from work as his conduct was under investigation following allegations about his behaviour at work. His initial exclusion meant that he was unable to enter the hospital or see patients.
In late April the Trust lifted the full exclusion and allowed him to return to work for two days a week in a separate hospital whilst the investigations continued.
Granting the interim injunction, the judge, Mr Justice Martin Spencer, held that it was not appropriate to describe the claimant as excluded once the full exclusion had been lifted but nevertheless the held that the restrictions placed upon the cardiologist were humiliating and demeaning and unrelated to patient safety or any need to protect other staff. In the circumstances they were irrational and there was serious issue to be tried that the restrictions amounted to a breach of the implied term of trust and confidence.
Click here to read the lawtel case summary – Al-Obaidi v Frimley Health NHS Foundation Trust.