References: Unreported, 27 April 2007
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.
This case is cited by:
- Cited – Ezsias -v- North Glamorgan NHS Trust EAT (Bailii, [2011] UKEAT 0399_09_1803, [2007] ICR 1126, [2007] 4 All ER 940, (2011) 121 BMLR 84, [2011] IRLR 550, [2011] Med LR 251)
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 . .