Al-Mishlab v Milton Keynes Hospital NHS Foundation Trust

Employment – Contract for services. The claimant colorectal, laparoscopic and general surgeon was prohibited from carrying out all forms of surgery at the defendant NHS Trust. He issued proceedings for breach of contract. The Queen's Bench Division, in dismissing the claim, held that his submission that he should not have been excluded from all surgery was unrealistic. The NHS Trust had been able to conclude that there had been no alternatives to exclusion and it had been entitled to maintain the exclusion. Further, the NHS Trust had been entitled not to permit the claimant to return to work, given the breakdown in the relationship and absent suitable supervision.

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