Published 11 August 2009, doi:10.1136/bmj.b3300
Cite this as: BMJ 2009;339:b3300

News

Surgeon wins court injunction against dismissal

Adrian O’Dowd

A consultant surgeon has won a temporary injunction at the High Court to stop his employer giving him the sack in a case that has been hailed as a strong warning to NHS trusts to follow contractual procedures.

Gideon Lauffer was dismissed by his employer, Barking, Havering and Redbridge University Hospitals NHS Trust, on 25 June, after the trust said it had lost confidence in him over alleged concerns about his capability and conduct as a surgeon.

The High Court, in granting the interim injunction, said that the trust may have breached contractual disciplinary procedures and that it must continue treating him as an employee.

In his judgment Mr Justice Holroyde said that by failing to follow the procedures set out by the Department of Health in Maintaining High Professional Standards in the Modern NHS Mr Lauffer’s employers may have unfairly denied him the opportunity to respond to criticisms and . . . [Full text of this article]