Dr C Nevradakis v Sheffield Health and Social Care NHS Foundation Trust Heard: Remotely (by video link) — 2021

Dr C Nevradakis was employed by Sheffield Health and Social Care NHS Foundation Trust as a locum consultant psychiatrist from 4 November 2013 until summary dismissal on 16 July 2019. The tribunal found that he was subject to GMC and Trust record-keeping obligations and that keeping contemporaneous notes and timely GP correspondence was a vital part of his role because of the patient-safety implications. It accepted evidence that he had repeatedly failed to keep adequate records during his work in the Northside and SPA services, and that he made admissions during the disciplinary process that he had not met the required standards.

The tribunal rejected the claimant's case that workload pressures excused the omissions or that his difficulties had been sufficiently raised earlier through appraisal and CBD processes. It found that the respondent's audits, the investigation by Dr Abed, the disciplinary hearing chaired by Dr Hunter, and the appeal before Clive Clarke were all within the band of reasonable responses. It also found no unfairness in the respondent's decision not to interview every proposed witness or affected patient, and no more favourable treatment of others in truly parallel circumstances.

Applying s.98 ERA 1996 and the authorities cited, including Burchell, Sainsbury's v Hitt, Iceland Frozen Foods, Polkey and Hadjioannou, the tribunal held that the sole reason for dismissal was conduct, that there were reasonable grounds for the belief in misconduct, that a reasonable investigation had been carried out, and that the dismissal fell within the band of reasonable responses. It further found that the claimant was guilty of gross misconduct, so the respondent was entitled to dismiss without notice. Both the unfair dismissal claim and the breach of contract claim therefore failed and no monetary award was made.