Sarker v Worcestershire Acute Hospitals NHS Trust

Medical practitioner – Professional misconduct. The claimant was a consultant in general and colorectal surgery employed by the defendant Trust. Concerns about his clinical practice began to emerge and the defendant notified the claimant that it considered that there was a prima facie case of gross misconduct by him and a disciplinary panel would be constituted. The defendant provided its management case twelve 12 working days before the disciplinary hearing was due to commence. The claimant sought an adjournment and when the panel refused the claimant sought an injunction preventing the defendant from continuing in the hearing. The Queen's Bench Division refused the injunction holding that there was no good reason to intervene in the discretion of the panel.

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