Thomson v Imperial College Healthcare NHS Trust EAT/0218/14
Reports relating to this case:
Unfair dismissal: Dismissal procedurally and substantively unfair where inexperienced chair dismissed for serious but not gross misconduct
- 1 June 2015
In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.
Unfair dismissal: NHS trust's disciplinary process flawed due to panel's lack of training and experience
- 10 April 2015
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.