EAT UNFAIR DISMISSAL – Reasonableness of dismissal
Unfair dismissal – nurse dismissed for (1) deliberately making an entry on a fluid chart at 03.00 recording that a feed was given at 06.00 and (2) on a separate occasion failing to observe an elderly and vulnerable patient who had fallen and was awaiting medical examination over a period of nearly 3 hours. Tribunal, by a majority, held dismissal to be unfair. Held – Tribunal’s decision vitiated by one conclusion which was insupportable and others which involved substitution or failure to apply reasonable responses test. Finding of fair dismissal substituted.
Judges:
Richardson J
Citations:
[2012] UKEAT 0281 – 11 – 1104
Links:
Jurisdiction:
England and Wales
Employment
Updated: 13 October 2022; Ref: scu.454089