Summary:  Can including too much information in an investigation report, in particular previous incidents which have not been the subject of disciplinary action, mean that a dismissal is unfair? No, says the EAT in NHS 24 v Pillar available here. Facts: The employee, Ms Pillar, was employed by NHS 24 (Scotland’s national telehealth organisation) as…
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Summary:  Do procedural defects in serious misconduct investigation impact on the fairness of dismissal, even if rectified on appeal? Yes, says the EAT in Tykocki v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust available here. Facts:  The employee, Ms Tykocki, in this case was a long-serving Health Care Assistant, who was dismissed for gross…
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Summary: Can Human Resource’s involvement in a disciplinary investigation which goes beyond simply providing advice as to process, compromise the fairness of the dismissal? Yes, says the EAT in Dronsfield v University of Reading available here. Facts: The employee, Dr Dronsfield, was a professor at Reading University, and was bound by the university’s policies and…
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How far can HR staff go in advising on whether to dismiss? When does setting the guidelines become pulling the strings? In the case of Ramphal v Department for Transport the EAT has provided a salutary reminder that interference can come back to bite you. Mr Ramphal was being investigated over his expenses claims and…
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Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Facts: Mr Shrestha was employed by Genesis as a mobile worker. He travelled by car…
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Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Comment: This is welcome confirmation for employers that they need only carry out a…
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Summary: If an employee is alleged to have acted dishonestly does this mean that there is a higher threshold in terms of the investigation needed to be carried out by an employer prior to a fair dismissal? No, said the Court of Appeal in Stuart v London City Airport, (accessible here), even in circumstances where,…
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