In the case of Brito-Babapulle v Ealing Hospital NHS Trust, the
Employment Appeal Tribunal has held that a tribunal erred when it
stated that dismissal would always fall within the range of
reasonable responses in cases of gross misconduct.
The Claimant in this case was employed as a consultant
haematologist at Ealing Hospital and, as part of her contract, she
was permitted to hold sessions with private patients. During her
period of sickness absence the hospital believed that she had
continued to see private patients and so a disciplinary panel made
a finding of gross misconduct and she was summarily
dismissed.
The Tribunal, at first instance, dismissed the claim finding that
a reasonable investigation had been carried out and the Claimant
was dismissed based on a genuine belief that the hospital had
reasonable grounds. However, the Employment Appeal Tribunal held
that the sanction of dismissal does not necessarily follow an act
of gross misconduct in all cases. Consideration must be given to
mitigating factors which might mean that dismissal was not
reasonable. In such circumstances, a Tribunal should not only take
into account the nature of the misconduct but also factors such as
the employee's long service, the consequences of dismissal and
any previously unblemished record.
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