Employment dismissal, is it fair or unfair?

Tykocki v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust UKEAT/0081/16/JOJ.

 Background

A patient complained about the behaviour of a healthcare assistant (the “Claimant”). The employer decided to suspend the Claimant for the period of the investigation and furthermore dismissed the Claimant for gross misconduct.

The Claimant denied the allegation made by the patient and considered that several elements were not investigated and the investigation process was not as efficient as it should be.

Following this the Claimant took legal action alleging her dismissal was unfair however, the Employment Tribunal rejected her claim.

 Decision

The Claimant appealed.

The EAT considered that the Employment Tribunal should have taken in consideration the failure in the disciplinary process consisting in the absence of records of the discussion between the patient and the employer collected at the stage of the disciplinary investigation, the lack of opportunity for the Claimant to respond to the allegations, the absence of an investigation relating to allegation of the patient as requested by the Claimant and other elements that the Claimant stressed to demonstrate that her dismissal was unfair because the investigation was biased.

Comment

An investigation should be through and should consist of all information which should be collected in order to be able to understand the context in which an incident has occurred.thus clear processes should be in place and should be followed.

Remember always that a fair employment dismissal relies on efficient investigation of all facts.

The above is provided for information purposes only and does not constitute legal advice. Please contact Nath Solicitors for further information.

17.12.16

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