Call us on 01242 224433

InsightsPosts By 'Jaime Gay'

Employment

Does the experience and training of a disciplinary officer matter? Yes it does.

In Thomas v Imperial College Healthcare NHS Trust the EAT held that a dismissal was procedurally unfair due to the fact that the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. The EAT found that this lack of experience led to the disciplinary panel misapplying the disciplinary procedure making the dismissal also substantively unfair.

Read More
Employment

New drug-driving laws now in force

It is now illegal to drive with specified levels of certain drugs such as cannabis and cocaine, including legal medication, in your system. Under section 4 Road Traffic Act 1988, it is an existing offence to drive a motor vehicle whilst being unfit to do so as a result of drug consumption. However, under the new law, you may be guilty of an offence of drug driving even if your ability to drive is not impaired as a result of drug use.

Read More
Employment

Two (or even one) wrong(s) don’t make a right (to dismiss for Gross Misconduct)

It would seem reasonable to think that dismissal inevitably falls within the band of reasonable responses in a case of gross misconduct. However, the recent case of Brito-Babapulle v Ealing Hospital NHS Trust highlights that this approach may be an error as it would fail to give due consideration to any mitigating factors.

Read More

Get in touch