Salford Royal NHS Foundation Trust v Roldan [2010] IRLR 721 CA

Reports relating to this case:

  • Unfair dismissal: Employer should have challenged evidence of accuser

    Date:
    11 August 2010

    In Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 CA, the Court of Appeal held that an employment tribunal was entitled to find a dismissal unfair where the reason for the dismissal included an allegation about a secondary incident that had not been particularised, and where there had been a failure to investigate a key dispute of fact between the accuser and accused.

  • Depth of disciplinary investigation should depend on seriousness of consequences for employee

    Date:
    21 May 2010

    The Court of Appeal has held that the more serious the consequences of dismissal for an employee, the more thorough the disciplinary investigation should be. The Court of Appeal also ruled that, where a case turns on one employee's word against another's, it can be legitimate for the employer to give the accused the benefit of the doubt and to find the accusations "not proven".