Chakrabarty v Ipswich Hospital NHS Trust

On the true construction of the MHPS framework an NHS employer may proceed to a capability hearing without first obtaining a NCAS assessment that the practitioner's performance is so fundamentally flawed that remediation has no realistic prospect of success, and there is no freestanding implied term of fairness independent of the implied term of trust and confidence (and of any narrower implied term that disciplinary processes be conducted fairly).