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Case of the week: Mitigating factors can make gross misconduct dismissal unfair

This report relates to 1 case(s)

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    Brito-Babapulle v Ealing Hospital NHS Trust [2013] IRLR 854 EAT (0 other reports)

In DLA Piper's case of the week, Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal highlighted that, even when the employer believes there to be gross misconduct, such a dismissal may not always be within the range of reasonable responses, as mitigating factors may mean that the sanction of dismissal was not in fact reasonable.