Unfair dismissal: NHS trust's disciplinary process flawed due to panel's lack of training and experience

Thomson v Imperial College Healthcare NHS Trust EAT/0218/14

unfair dismissal | disciplinary hearing | duty to make reasonable adjustments

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.