On 14 December 2011, the Supreme Court announced their decision in Chesterfield Royal Hospital NHS Foundation Trust v Edwards and Ministry of Defence v Botham.
In both of these cases, the employee had a contractual right to a particular disciplinary procedure but the correct procedure was not followed. The Supreme Court allowed the appeals of the employers by a majority decision. Wendy Outhwaite QC, head of the Employment Team at 1COR and representing the Ministry of Defence (on instruction from the Treasury Solicitor), has summarised the Supreme Courts’ judgment and is available for download: Chesterfield Royal Hospital NHS Foundation Trust v Edwards and Ministry of Defence v Botham Case Summary.
