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. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/
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. Click here for more details..
Contact Details:
Nath Solicitors Limited
4/4a Bloomsbury Square
London, WC1A 2RP
Tel: 02036705540
Email: shubha@nathsolicitors.co.uk
Web: https://www.nathsolicitors.co.uk/
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