In person For the v Respondent — 2023

The claimant, Miss Katrina Kevern, had worked for Cornwall Partnership NHS Trust since 28 May 2001 and was summarily dismissed on 10 January 2022 for gross misconduct. The judgment records that her related disability discrimination claim had already been dismissed for want of sufficient particulars. The dismissal arose from concerns about the claimant's dealings with a vulnerable service user referred to as Patient A and with the estate agent Mr Tim Glasson.

The tribunal found that the respondent genuinely believed the claimant had committed gross misconduct, had reasonable grounds for that belief, and had carried out a thorough investigation. The evidence relied on included the claimant introducing Patient A to Mr Glasson, providing Patient A's mobile number to a surveyor, saving patient contact details on her personal phone, failing to document or escalate concerns, making unplanned visits, and making a call to a surveyor while posing as Patient A. The disciplinary panel did not uphold allegation 11 about taking Patient A's personal items.

The tribunal rejected the claimant's allegation that Mrs Roberts had improperly influenced the disciplinary and appeal decision-makers. It found that the disciplinary panel and appeal panel made their decisions independently, that the claimant was given the opportunity to participate and appeal, and that the appeal was dismissed after she chose to proceed in her absence.

Applying section 98(2)(b) and section 98(4) of the Employment Rights Act 1996, the Burchell approach, the band of reasonable responses test, and the overall fairness analysis including Taylor v OCS Group Ltd, the tribunal held that dismissal for gross misconduct was within the range of reasonable responses open to the respondent. The unfair dismissal claim was therefore dismissed.