Miss S Fisher v Sheffield Teaching Hospitals NHS Foundation Trust — 2023

The claimant was dismissed without notice from her role as a medical secretary after an investigation into alleged racist comments concerning colleagues. The tribunal identified the issue as whether the respondent had dismissed her for conduct, or as the claimant contended because of her sickness absence record, and whether the respondent acted reasonably in treating the conduct allegation as sufficient reason for dismissal.

The tribunal found that the respondent dismissed the claimant for conduct, not capability. It held that the respondent had a genuine belief, on reasonable grounds and following a reasonable investigation, that the claimant had made the impugned remarks. The investigation included interviews with relevant witnesses, second interviews to test aspects of the evidence, documentary checks against rotas and emails, and a disciplinary hearing at which the claimant was represented.

The tribunal considered the claimant's criticisms of the process, including alleged witness bias, restrictions on contacting colleagues, reliance on records she had not agreed, and alleged inconsistency with another employee's case. It found that the process as a whole was fair, that the other employee's case was not sufficiently similar because allegations there were not corroborated, and that dismissal fell within the range of reasonable responses given the respondent's policies treating such conduct as gross misconduct. The unfair dismissal complaint was therefore dismissed, and the tribunal made no finding on whether the claimant in fact made the remarks.