Anaesthetist is investigated over deaths of several patientsBMJ 2018; 360 doi: https://doi.org/10.1136/bmj.k1042 (Published 05 March 2018) Cite this as: BMJ 2018;360:k1042
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Although Clare Dyer’s piece  is based on a court judgment, its title entirely fails to indicate the primary reason for this appeal to the High Court or the final outcome .
In this case, Dr Gregg, “a consultant anaesthetist, seeks an injunction restraining the Defendant, the North West Anglia Foundation Trust ("the Trust) from:
a. Proceeding with its disciplinary processes in relation to the deaths of two patients under Dr Gregg's care, pending a decision by the Crown Prosecution Service (CPS) whether to press criminal charges in relation to the deaths;
b. Ceasing to pay Dr Gregg's salary, on the basis of an order by the Interim Orders Panel of the Medical Practitioner's Tribunal Service, suspending his registration to practice” .
The High Court decided at para.144:
“a. The Trust is in breach of the implied term of mutual trust and confidence, in its contract of employment with Dr Gregg, in refusing to adjourn its disciplinary processes into the deaths of two patients under Dr Gregg's care, pending a decision by the Crown Prosecution Service whether to charge Dr Gregg in connection with the deaths. I grant injunctive relief to this effect.
b. It would be a breach of the implied term of trust and confidence for the Trust to proceed to convene an alternative disciplinary process, under Schedule 19 of the Dr Gregg's terms and conditions, to consider terminating Dr Gregg's contract of employment on grounds of his failure to hold the requisite registration. Accordingly, I decline to grant the declaratory relief sought.
c. The Trust is not entitled, by the terms of paragraph 25 of Part II of the MHPS, to exercise its discretion to stop paying Dr Gregg's salary in circumstances where the Trust and the GMC have suspended him. Applying the relevant principles of contractual construction, I cannot see how the position can be construed differently if the Trust lifts its own suspension on grounds it is not necessary because of the GMC suspension in place. I grant declaratory relief to this effect.”
In particular, the Trust’s attempt to stop Dr Gregg’s salary is extremely worrying; such potentially punitive approach (which has now been declared unlawful as above) would likely to have caused considerable injury to Dr Gregg’s feelings, if not some foreseeable psychological injury.
 BMJ 2018;360:k1042
Competing interests: No competing interests