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Published 6 December 2018
Dr Jain was employed by Manchester University NHS Foundation Trust as a consultant radiologist. The Trust had concerns about Dr Jain's clinical practice and about his working relationships, and it commissioned an investigation by an external independent investigator into its concerns. Dr Jain claimed that commencing the investigation and the manner of the investigation were breaches of his contract of employment. In particular, he claimed that the provisions of the Maintaining High Professional Standards framework (MHPS) were incorporated into his contract, and that the Trust was in breach of these provisions.
The High Court dismissed Dr Jain's claims. It held that:
This is another helpful case for employers as it confirms that it is possible to undertake investigations (in this case into working relationships) outside of the remit of MHPS and not be found to be in breach of contract. It also provides clarity that MHPS may not be incorporated into the consultant's contract where an NHS Foundation Trust has not formally adopted it as a local policy. Each case will however turn on its own facts and it is important to consider if a Trust has either expressly, or impliedly by custom and practice, adopted the MHPS framework.
Dr Anil Kumar Jain and Manchester University NHS Trust
London - Walbrook
+44 (0)20 7894 6583
Zoë Wigan, Ceri Fuller, Hilary Larter
Zoë Wigan, Hilary Larter, Ceri Fuller
Nick Chronias, Joanne Bell