In North West Anglia NHS Foundation Trust v Dr Andrew Gregg (2019) EWCA Civ 387 the Court of Appeal have held that NHS Trust was not entitled to withhold pay during a period of interim suspension by the Interim Orders Committee of the GMC on the ground that the doctor even though unable to practise because his licence was suspended was nonetheless ‘ready willing and able to work’. The Court held that in a situation where the contract does not by its express terms deal with pay deduction during suspension, the default position should be that, where allegations are disputed and save some exceptional circumstance, suspension by an external body such as the IOT of the MPTS should not be a justification for deduction of pay.

On the second issue, the Court of Appeal allowed the Trust’s appeal against the grant of injunction (which by the time of the appeal had already been discharged), holding that the general rule established in ex. p. Lavelle (that there must be a real danger of miscarriage of justice in the criminal proceedings) remained good law and that an employer wishing to commence or continue disciplinary proceedings does not generally have to wait for the conclusion of a criminal investigation before proceeding.

Jeremy Hyam QC was instructed in this case by Ian Sadler of Radcliffes LeBrasseur. Read the judgment on Bailii or via Lawtel (paywall)