29th November 2018

High Court Success – MHPS and breach of contract claims

We are delighted to have successfully supported our client in its defence of a breach of contract claim in the High Court. The Judgment in the case of Dr Anil Jain v Manchester University NHS Foundation Trust was handed down by Justice Swift in the Royal Courts of Justice on 13 November 2018 and dismissed all of Dr Jain’s claims.

The case raises some interesting points about the contractual status of Maintaining High Professional Standards in the Modern NHS (MHPS), the Department of Health Framework for dealing with capability, conduct and ill health concerns about doctors. In this case, the Judge found that MHPS, in its national form, was not incorporated into Dr Jain’s contract of employment either expressly or by implication. The Trust was also found not to have breached the implied term of trust and confidence in its decision to restrict Dr Jain’s clinical practice and instigate a formal investigation and in various other decisions it took in managing his employment.

The case further supports the contention that an NHS body is not bound, contractually, to follow Part IV of MHPS (in respect of matters of capability), when faced with an apparent breakdown in relationships between clinical colleagues. The Trust was entitled to commission an investigation into working relationships outside of MHPS.

Whilst the case rests on its own facts, the Judgment will be useful for NHS bodies who face complex and intertwined issues involving the performance of doctors and relationships between clinical colleagues.

The case can be read by clicking here.

For more information, please contact Kirsty MacDonald or Saira Ali.  Click here for contact details.