Mercantile Court, Birmingham – The surgeon appellant had been dismissed by the NHS Trust which employed him. The reason for his dismissal was described as ‘a breakdown in relations between yourself and your Consultant colleagues that is both mutual and most likely irrevocable’. The case proceeded on the assumption that the surgeon’s dismissal for that reason related to his conduct. There were factors not referred to in the court’s judgment which showed that the surgeon was in fact dismissed for his conduct which had caused those relationships to break down. The surgeon appealed against his dismissal.
Held: The appeal procedure depended on whether the dismissal had been for personal misconduct or professional misconduct. The dismissal had been for professional misconduct.
Citations:
Unreported, 27 April 2007
Cited by:
Cited – Ezsias v North Glamorgan NHS Trust EAT 18-Mar-2011
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
(1) An employee who has been dismissed because of the . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions
Updated: 04 May 2022; Ref: scu.520060