The Claimant worked as hospital porter. His duties included transporting anaesthetised patients to and from theatre. He was charged was assault to injury with intention to rape. The Respondent, having considered the matter, decided that the risk to its reputation of continuing to employ the Claimant where he had access to vulnerable patient was too great, particularly where charities are subject to greater scrutiny in relation to such matters. The Claimant was dismissed. The Employment Tribunal held that the dismissal was fair.
Held, dismissing the appeal, that the Tribunal had not erred in concluding that the dismissal fell within the band of reasonable responses. The Respondent’s belief that there would be a risk to reputation was genuinely held, it had conducted such investigation as was reasonable in the circumstances and the Tribunal was entitled to come to the conclusion that it did.
Citations:
[2019] UKEAT 0006 – 19 – 1509
Links:
Jurisdiction:
England and Wales
Employment
Updated: 25 November 2022; Ref: scu.650890
