EAT UNFAIR DISMISSAL: Reasonableness of dismissal
While assisting in the restraint of a patient admitted to AandE, the female Claimant senior nurse sat astride his naked genitals and made a lewd comment for which she was dismissed. The majority Employment Tribunal Judgment of unfair dismissal and 25% contribution was set aside as perverse and the minority Judgment was substituted. The majority failed to apply the approach in London Ambulance Service NHS Trust v Small [2009] IRLR 563 CA for it did not focus on the material available to the management, and their opinion of this conduct, at the time of dismissal, and irrelevantly invoked its perception of how the general population would view the conduct. Minority Judgment upheld.
Judges:
McMullen QC J
Citations:
[2009] UKEAT 0144 – 09 – 1412
Links:
Cited by:
Appeal from – Bowater v Northwest London Hospitals NHS Trust CA 3-Feb-2011
The claimant nurse’s successful claim of unfair dismissal had been overturned by the EAT. She now sought re-instatement of the decision. In restraining a naked patient in the midst of a violent epileptic fit, she had made a lewd remark.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 August 2022; Ref: scu.402535
