EAT Unfair dismissal. The Claimant was a doctor who was convicted of driving while under the influence of alcohol. His registration with the General Medical Council was suspended on an interim basis. He was signed off as unfit for work while undergoing a course of treatment involving attendance at a centre most of the day and part of the evening. The Respondent dismissed him on grounds of capability. The Respondent decided that if registration was necessary and was not available, unless deployment could be arranged, dismissal would ensue. The Claimant led evidence at a hearing and an appeal to the effect that he was likely to respond to treatment and that his suspension was likely to be revoked. He led evidence that most doctors in his position did recover, and that other health boards would not dismiss at an early stage of his receiving treatment. The Respondent dismissed him about 6 weeks after his suspension. The Employment Tribunal found that dismissal was unfair. The Respondent argued that the ET had substituted its own view and had wrongly admitted evidence of the supposed attitude of other health boards and opinion evidence from doctors who stated that the Claimant was likely to recover, and that other health boards would not dismiss at that stage.
Held: appeal dismissed. The ET had directed itself correctly in law and was entitled to hold that the Respondent had not carried out a reasonable investigation and had not acted fairly in all of the circumstances. The opinion evidence of the doctors was admissible.
Stacey L
[2014] UKEAT 0048 – 13 – 1803
Bailii
England and Wales
Employment
Updated: 16 December 2021; Ref: scu.534227