Dr Gregg was suspended on full pay after 2 patients in his care died. A police investigation began, his registration was temporarily suspended and his licence to practise was withdrawn. The trust decided to proceed with its disciplinary proceedings while the CPS were still considering whether to press charges against Dr Gregg. The Trust also sought to stop Dr Gregg’s pay. He brought High Court proceedings for an injunction to prevent the Trust from continuing with the disciplinary proceedings and from not paying him, which was granted.
The Court of Appeal then overturned the interim injunction, specifying that the Trust had not breached the implied term of trust and confidence by not waiting for the outcome of the criminal investigation. In this case, the Trust had stopped Dr Gregg’s pay when his registration to practice was suspended, partly on the basis that he was not ready, willing and able to perform his work. The Court of Appeal agreed with the High Court and found that the suspension of his pay was a breach of his contract of employment. Unless there are exceptional circumstances, or an express contractual right, an interim suspension should not entitle any employer to deduct pay.