Employers often fall into the trap of automatically assuming that dismissal is always fair following a finding of gross misconduct. The case of Brito-Babapulle v Ealing Hospital NHS Trust is a stark reminder for employers to be wary of falling into this trap.
In this case an NHS consultant was signed off work sick but whilst off work continued to see her private clients. The NHS found out and dismissed for gross misconduct. The Employment tribunal deemed the dismissal fair and it was appealed to the employment appeals tribunal ("EAT").
Employment law specialist James Bellamy comments on pre-termination procedures.
In order for employers to be able to have “off the record” discussions with employees it used to be the case that this could only be done when there was an existing dispute between the employee and the company.
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