Dr. Lawlor (Appeal) (Hansard, 20 December 1979)

§ Mr. Patrick Jenkin

On the basis of the advice received from the professional committee which interviewed representatives of both Dr. Lawlor and the South West Thames regional health authority on 23 October, I have concluded that Dr. Lawlor's conduct was such that the authority was justified in considering dismissal for breach of contract, but I have also noted that the procedure adopted by the authority in that regard was defective. In taking its decision, on 29 November 1978, to dismiss Dr. Lawlor, the authority, though, as I understand it, it was made aware of the formal requirements, did not give him the opportunity to make representations under the accepted disciplinary procedures relating to hospital medical staff. The authority relied on the findings of the report of a committee of inquiry which had been set up under section 70 of the National Health Service Act 1946 (now section 84 of the National Health Service Act 1977). I am advised that under its terms of reference the inquiry could not amount to a substitute for the accepted disciplinary procedures. I have concluded that the dismissal was effected in a way that was procedurally defective and very reluctantly I have no option but to direct that the notice of dismissal should be withdrawn.

It would not be appropriate for Dr. Lawlor to return to his post, and I note that he has now expressly stated that he does not wish to have the opportunity of the accepted disciplinary procedures referred to above. In fact he has applied to retire on medical grounds. I am advised that the medical evidence is acceptable and I am, therefore, suggesting to the authority that it should now accept that application.

My decision has been conveyed to the two parties.