Here is a brief summary of recent cases we think are of
particular interest. If you would like advice on any particular
area, please contact your usual Speechlys' contact or one of
the employment partners.
Sarkar v West London Mental Health NHS Trust
The Court of Appeal has held that an employee's dismissal
for gross misconduct was unfair in circumstances where the employer
had initially been prepared to deal with the conduct through an
informal process. The Trust had received complaints from Dr
Sarkar's colleagues about allegations of bullying and
harassment. Following investigation into the alleged misconduct,
the Trust and Dr Sarkar agreed that the matter would be dealt with
under the Trust's "Fair Blame Policy"
("FBP"). The FBP was in place as an alternative to the
Trust's formal disciplinary policy and aimed to resolve less
serious misconduct or capability issues, with the most severe
sanction available under it being a first written warning.
