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 breakdown of working relationships between himself and his colleagues (irrespective of whether he had been responsible for, or had contributed to, that breakdown) had not had action taken against him because of his conduct. Accordingly, it had been open to the Employment Tribunal to rule that such disciplinary procedures as applied when allegations of misconduct were made did not have to be invoked in his case.
(2) The other issues to which the appeal related did not raise any questions of principle.
Judges:
Keith J
Citations:
[2011] UKEAT 0399 – 09 – 1803, [2007] ICR 1126, [2007] 4 All ER 940, (2011) 121 BMLR 84, [2011] IRLR 550, [2011] Med LR 251
Links:
Statutes:
Employment Rights Act 1996 103A
Jurisdiction:
England and Wales
Citing:
See Also – Ezsias v North Glamorgan NHS Trust EAT 25-Jul-2006
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal . .
See Also – Ezsias v North Glamorgan NHS Trust CA 7-Mar-2007
The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT.
Held: A claim should not be struck out where, as here, there were facts . .
Cited – Street v Derbyshire Unemployed Workers’ Centre CA 21-Jul-2004
The claimant alleged that she had been dismissed for making qualifying disclosures about her employers. The employer said that her actions had not been in good faith. The claimant answered that her motive was irrelevant. The claimant appealed . .
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Cited – Perkin v St Georges Healthcare NHS Trust CA 12-Oct-2005
A senior employee had been dismissed because his manner and management style had led to a breakdown in his relationships with other members of the senior executive team. The employment tribunal had considered whether his dismissal for that reason . .
Cited – D’Sa v University Hospital Coventry and Warwickshire NHS Trust CA 18-Jun-2001
An inquiry panel had concluded that the surgeon had been guilty of professional misconduct, but had recommended that the appropriate disciplinary sanction was that the surgeon should be warned about his behaviour. The court was now asked whether at . .
Cited – Buxton v Swansea NHS Trust 27-Apr-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 . .
Cited by:
Cited – Lockey v East North East Homes Leeds EAT 14-Jun-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Striking out – unfair dismissal and wrongful dismissal.
As to unfair dismissal, since (as the Employment Judge recognised) it was arguable that an . .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions
Updated: 04 September 2022; Ref: scu.430683