The doctor had been summarily dismissed for gross misconduct. He now appealed against the EAT’s reversal of the finding of unfair dismissal. The original procedure adopted was appropriate to a lesser level of misconduct, but the employer had later used the findings to suport the decision to dismiss.
Held: The Employment Tribunal had not erred in this case in substituting its own view for that of the employer. The appeal succeeded.
Judges:
Mummery, Richards, Rimer LJJ
Citations:
[2010] EWCA Civ 289, [2010] IRLR 508
Links:
Statutes:
Employment Right Acts 1996 98(4)
Jurisdiction:
England and Wales
Citing:
Cited – Iceland Frozen Foods Ltd v Jones EAT 29-Jul-1982
Members of the tribunal must not simply consider whether they personally think that the dismissal is fair and they must not substitute their decision as to what was the right course to adopt for that of the employer. Their proper function is to . .
Cited – Foley v Post Office; HSBC Bank Plc (Formerly Midland Bank Plc) v Madden CA 31-Jul-2000
When an Employment Tribunal looked at whether a dismissal was reasonable, the test related not to an assessment of what tribunal members would think or do, but rather whether to ask whether the employer’s response was within a ‘band or range of . .
Appeal from – West London Mental Health NHS Trust v Sarkar EAT 27-Mar-2009
EAT UNFAIR DISMISSAL: Reasonableness of dismissal
An Employment Tribunal erred as it focussed upon a decision made by the employer to negotiate a settlement under a procedure leading to a lesser penalty . .
Cited – Airbus UK Ltd v MG Webb CA 7-Feb-2008
The court considered the dismissal by an employer of an employee for a disciplinary offence when he would not have been dismissed but for an earlier warning which had expired.
Held: The company’s appeal succeded. The court summarised the . .
Cited by:
Cited – Chhabra v West London Mental Health NHS QBD 1-Jun-2012
The claimant, a consultant forensic psychiatrist sought to restrain the defendants from going ahead with disciplinary proceedings as to alleged breaches of patient confidentiality.
Held: The application succeeded. The complaint was properly as . .
Cited – Christou and Another v London Borough of Haringey EAT 21-Feb-2012
EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Appellants, the social worker responsible for the care of Baby P and her team manager, were held not to have been unfairly dismissed by Haringey for . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 16 August 2022; Ref: scu.403473
