Nurse unfairly dismissed for single lewd remark in stressful situation

Unfair dismissal: Tribunal entitled to find dismissal for lewd comment unfair

Date:

11 July 2011

In Bowater v Northwest London Hospitals NHS Trust [2011] IRLR 331 CA, the Court of Appeal held that an employment tribunal was entitled to find that the dismissal of a nurse for making a lewd comment in the course of restraining an epileptic patient was outside the range of reasonable responses. It was intended as a humorous remark, and there was no evidence that the patient or any member of the public heard it.