Criminal proceedings
As is often the case employers must deal with incidences where the conduct of their staff might involve a criminal investigation as well as their own internal investigations. Some examples of that are theft, assault, or some other serious conduct that warrants a police investigation.
Although it is not always necessary there may be some instances where employers will have to wait for a police investigation to ensue before commencing with any internal procedures. This was put to the test in the recent case of North West Anglia NHS Foundation Trust v Gregg.
Dr Gregg worked for North West Anglia NHS Trust as a doctor. He was suspended on full pay pending an investigation into allegations of the death of two of his patients. A criminal investigation commenced and the Trust sought to stop Dr Gregg’s pay and also proceed with it’s disciplinary process against Dr Gregg whilst the Criminal Prosecution Service (CPS) were still investigating what charges if any wold be made against Dr Gregg.
Dr Gregg brought a High Court (HC) action seeking an injunction to stop the Trust from proceeding with its internal procedures and also to reinstate his pay during his suspension. Dr Gregg was successful with his application to the HC. The Trust appealed against the HC decision.
The Court of Appeal decided that whilst the Trust were in breach of contract by stopping Dr Gregg’s pay they were not in breach by proceeding with their own internal investigation into Dr Gregg’s conduct before the CPS had concluded their investigation.
The CA commented, “Why should the Trust, and those who fund it or use its services, wait for a separate organisation to conclude its separate enquiries, which might be months or years in the future?”.
If you find yourself in a quandary over how to handle these types of situations please call the advice line for further guidance or contact us here.
