The Supreme Court has restored the High Court decision granting a doctor an injunction to prevent an NHS trust from continuing flawed disciplinary action against her without first restarting and completing an investigation under its disciplinary policy.
In DLA Piper's case of the week, Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal highlighted that, even when the employer believes there to be gross misconduct, such a dismissal may not always be within the range of reasonable responses, as mitigating factors may mean that the sanction of dismissal was not in fact reasonable.
This employment tribunal punished a large employer's failure to follow the "Acas code of practice on disciplinary and grievance procedures" by awarding a combined total of over £100,000 to two claimants who were unfairly dismissed.
The employment tribunal in this case concluded that it was open to an NHS trust to decide not to renew a consultant anaesthetist's fixed-term contract because it had recruited a number of permanent anaesthetists to take on the work.
In this week's case of the week, provided by DLA Piper, the EAT considered whether or not a chaplin's dismissal stood after a sanction short of dismissal was imposed on appeal, when his terms and conditions of employment required his agreement before the lesser penalty could be imposed.
This case is a useful early example, along with Williams v Ystrad Mynach College ET/1600019/11, of how employment tribunals are approaching the new concept of "discrimination arising from disability" under the Equality Act 2010. The claimant fell at the first hurdle by failing to demonstrate a link between his disability and his treatment by the employer.
In NHS Leeds v Larner  IRLR 825 CA, the Court of Appeal held that a worker on long-term sick leave was entitled to carry forward untaken paid annual leave. There was no legal requirement for her to submit a request to do so. On termination of her employment she was entitled to payment in lieu of the untaken leave that had been carried forward.
In Mattu v University Hospitals of Coventry and Warwickshire NHS Trust  IRLR 661 CA, the Court of Appeal held that NHS contractual disciplinary procedures resulting in the dismissal of a consultant cardiologist did not determine any civil right of the employee so did not engage art.6 of the European Convention on Human Rights.
The Court of Appeal has held that an NHS worker who was absent for the whole leave year and who did not submit any requests for annual leave during her absence was entitled to holiday pay on the termination of her employment.
The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights.
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