Nurses obtain injunction restraining employer from pursuing disciplinary process

Five plaintiffs are psychiatric nurses employed by the defendant - plaintiffs were at all material times assigned to a residential home for persons with intellectual disabilities - each of the plaintiffs is subject to disciplinary proceedings initiated by the defendant at various dates from November 2014 to August 2015 - plaintiffs claim that the defendant has breached the terms of their employment by appointing a disciplinary investigation team without the prior agreement of the plaintiffs - plaintiffs seek injunction restraining the defendant from taking any further steps in the investigation process pursuant to the disciplinary procedure commenced in respect of each plaintiff - on 9 December 2014, a television programme aired giving rise to significant public disquiet as to the treatment of vulnerable people in the care of the defendant - defendant admits it has not followed procedures as laid down in the disciplinary policy documents - defendant counter that its admitted breach is a mere technical breach - defendants submit that there has been considerable delay on the part of the plaintiffs - the plaintiffs should not be criticised for endeavouring to resolve the dispute between the parties by agreement prior to invoking the assistance of the Court - attitude displayed by the defendants to the efforts of the plaintiffs’ representative to resolve the matter internally was reprehensible - court is satisfied that the plaintiffs have made out a strong case that the disciplinary procedures of the defendant form part of their contractual terms - investigation should have been carried out by designated person agreed by both parties - the defendant unilaterally decided to ignore this requirement and to appoint an investigation team without reference to the plaintiffs - the personal and professional reputations of the plaintiffs are at issue here - court does not accept, that the plaintiffs would not be prejudiced were they to be subjected to a flawed process - the balance of convenience is significantly titled in favour of granting the relief sought - this is the court which appears to the Court to involve the least risk of causing injustice.