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Sarkar v West London Mental Health NHS Trust

This report relates to 1 case(s)

unfair dismissal | “range of reasonable responses” test | fair blame policy

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.

Dr Sarkar was a consultant psychiatrist at Broadmoor Hospital, and had been employed by West London Mental Health NHS Trust (the trust) for nearly six years.