Preregistration trainee loses unfair dismissal case
Preregistration training is a matter for employment law and the training requirements, as set out in the Royal Pharmaceutical Society's Byelaws, do not form part of the employment contract, an industrial tribunal has ruled.
Trainee Bijal Dhanani was dismissed with one month’s notice by
Lifestyle Pharmacy Ltd before her six-month preregistration
assessment. Lifestyle’s general manager Claire Key said: “We
dismissed her because we
didn’t feel she was appropriate for the position. Two pharmacists
didn’t feel that she was
progressing satisfactorily.”
After her dismissal, Miss Dhanani took her employer to the Bristol Industrial
Tribunal and sought rulings that Lifestyle Pharmacy Ltd was in breach
of contract and had dismissed her unfairly. She also sought an award
for loss of earnings from what would have been her date of qualification
as a pharmacist. The tribunal dismissed her case.
Miss Dhanani claimed at the tribunal that preregistration training was
a fixed year’s training. “Miss Dhanani made out that we had
to employ her for a year,” said Mrs Key. She explained that Miss
Dhanani had signed a letter setting out her terms of employment, including
one month’s notice. “The Royal Pharmaceutical Society’s
view was that
employment and training are two separate
issues,” she said.
John Murphy, general manager of the Pharmacists Defence Association,
which
represented Miss Dhanani, said: “Miss Dhanani had been through
the probationary period and should have been assessed throughout the
year to see if she was competent enough. It was implicit that she was
there for the year.” He added that Miss Dhanani has now found work
at another community pharmacy and is continuing her preregistration training.
Mr Murphy said that Ms Dhanani had sought support from the Society in
the early stages of the dispute but had been told that the Society does
not get involved in employment issues. The Society later submitted written
evidence on the requirements of preregistration training and the relevant
Society Byelaws at the request of Lifestyle Pharmacy’s solicitor.
Peter Burley, head of the Society’s preregistration division, said: “The
Society feels it wholly appropriate to offer an expert witness on the
interpretation of its Byelaws in relation to the contract — or
contracts — between itself and its preregistration trainees and
their tutors and pharmacies.”
Sian Hunger, the Society’s preregistration facilitator for Wales,
the South West and the Midlands, attended to give evidence, but was not
called as a witness.
Mrs Hunger said: “The claim was based on a claim that the Byelaws
were part of the contract.” She added: “The Society is here
as a Governing body and not someone to dictate employment terms.”
Mr Murphy said that they were considering applying for a re-hearing. |
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