Sarkar v West London Mental Health NHS Trust [2010] IRLR 508 CA

Reports relating to this case:

  • Unfair dismissal: Dismissal for gross misconduct fell outside range of reasonable responses

    Date:
    19 May 2010

    In Sarkar v West London Mental Health NHS Trust [2010] EWCA Civ 289 CA, the Court of Appeal held that an employment tribunal was entitled to find that the employer had acted outside the range of reasonable responses when it summarily dismissed an employee for gross misconduct after initial agreement that the allegations against him would be dealt with under an informal procedure that was appropriate for relatively minor misconduct and could not lead to dismissal.

  • Sarkar v West London Mental Health NHS Trust

    Date:
    23 March 2010

    The Court of Appeal has restored a tribunal decision that an employer’s decision to dismiss for gross misconduct, after it had attempted to resolve matters using a procedure applicable to minor allegations of misconduct, was outside the range of reasonable responses, and therefore unfair.