Lakshmi v Mid Cheshire Hospitals NHS Trust [2008] EWHC 878, [2008] All ER (D) 353 (Apr
i) If there is a disciplinary hearing and a request is made on apparently reasonable grounds for it to be adjourned, it would be a breach of the implied term of good faith to decline to adjourn it in the absence of good reason not to do so. However, damages will be limited to salary for the period for which the hearing should have been adjourned.
(ii) An employer is only able to rely upon antecedent misconduct of which he was not aware at the time of dismissal as a reason to justify the original dismissal where there is no disciplinary process in existence. In all other cases he must dismiss only consequent to the disciplinary process.
(iii) The only basis upon which a court can grant a declaration or injunction
preserving the relationship of employer and employee is where the court finds that a basis of mutual trust and confidence has survived between the
employer and employee.
