If employees appeal against the outcome of disciplinary proceedings, will they risk the possibility of an even greater penalty being imposed? That was the question at the centre of McMillan v Airedale NHS Foundation Trust [2013] EWHC 1504 (QB). Miss McMillan, a doctor, had appealed against a disciplinary panel's decision to give her a final written warning. She was informed that the appeal would take the form of a full rehearing rather than just a review of the original decision. The appeal panel would consider all the evidence and reach its own conclusions. If the outcome was that the allegations were unfounded, that would be the end of the matter. If the panel found the allegations substantiated, it would have to consider what, if any, disciplinary action should be taken.
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