EAT UNFAIR DISMISSAL – Reasonableness of dismissal
The Claimants were dismissed for gross misconduct in restraining an elderly dementia patient. The Employment Tribunal found that the employer had insufficient evidence based on an inadequate investigation to ground its belief that the patient was tied to a chair and no effort was made to release him. The EAT allowed an appeal based on a substitution mindset by the ET. London Ambulance Service NHS Trust v Small [2009] IRLR 563 applied. Case remitted to a fresh ET for a re-hearing because of insufficient clarity as to what the outcome would be.
Citations:
[2011] UKEAT 0338 – 10 – 0303
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Crawford and Another v Suffolk Mental Health Partnership NHS Trust CA 17-Feb-2012
The claimant nurses appealed against the reversal of the finding that they had been unfairly dismissed. They had been accused of manhandling an aggressive dementia patient. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 03 September 2022; Ref: scu.430309
