Court of Appeal confirms MHPS case manager clause was contractually binding

Background

In MN v NHS Foundation Trust L, a consultant doctor challenged the Trust’s handling of disciplinary proceedings brought under the MHPS framework.

MHPS provides that the Medical Director should act as case manager in disciplinary investigations concerning medical staff. In this case, the Medical Director delegated that role to a senior manager. The claimant sought injunctive relief, arguing that the MHPS requirement was contractually binding and had been breached.

Court of Appeal judgment

The Court of Appeal held that the relevant MHPS provision was incorporated into the claimant’s contract.

The court confirmed that terms in collective agreements can be contractually binding where they are sufficiently clear, specific and workable, and where they are significant to the employment relationship. Particular weight was given to the importance of disciplinary processes for senior clinicians, whose professional reputation and career may be profoundly affected by investigation outcomes.

On the facts, the clause requiring the Medical Director to act as case manager met the threshold for incorporation. Delegating that function was therefore inconsistent with the claimant’s contractual rights.

Learning points for employers

This decision is a reminder that provisions in collective agreements or national frameworks, particularly those governing disciplinary procedures, may have contractual force.

Employers unionised environments should not assume that such documents are merely procedural guidance. Where terms are precise and go to matters of real significance, such as who may conduct disciplinary investigations, they may be enforceable in contract.

Before departing from nationally agreed processes, employers should consider carefully whether the relevant provisions are incorporated into individual contracts and whether any variation can lawfully be made.

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For support or advice, please contact Matt Verrier in our Employment team.