In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, disciplinary proceedings against M, a consultant surgeon, arose out of 17 separate allegations over a period of time, concerning alleged failures to comply with rules and procedures to address dysfunctionality in his department and various patient incidents. M was dismissed for gross misconduct. An ET found the dismissal fair as the Trust believed that M’s actions showed a pattern of conduct which cumulatively raised concerns over patient safety and M could continue to pose a risk because of persistent inconsistency in his responses. The EAT rejected M’s appeal that it could not be reasonable to dismiss after a first disciplinary hearing without first taking any steps to improve his conduct. It is quite possible for a series of acts demonstrating a pattern of conduct to be of sufficient seriousness to undermine and breach the implied contractual term of trust and confidence between employer and employee, even if the employer is unable to point to any particular act amounting to gross misconduct. There is no authority to suggest that there must be a single act amounting to gross misconduct before summary dismissal would be justifiable or that it is impermissible to rely upon a series of acts, none of which would, by themselves, justify summary dismissal.
This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
