Mr Andrew William Pickering, Deceased, by his Brother and Personal Representative, Mr Richard John Pickering v Yorkshire Ambulance Service NHS Trust — 2023

This was a claim for unfair dismissal only. The tribunal recorded that Mr Andrew Pickering, an Emergency Medical Technician with Yorkshire Ambulance Service NHS Trust, attended patient A on 29 June 2021, later contacted her via LinkedIn, and developed a personal relationship with her during July and August 2021. The respondent also alleged that he accessed the patient electronic record for personal gain after the June 2021 attendance. The disciplinary panel met on 2 February 2022 and dismissed him for gross misconduct; an appeal conducted on paper later upheld that decision on 21 June 2022.

The tribunal found that the allegations were, in substance, admitted and amounted to clear breaches of the respondent’s social media, relationship at work, disciplinary, data protection, Caldicott and code of conduct policies. It found that patient A was vulnerable during the relevant period, including at the June and August 2021 call-outs. It also noted inconsistencies in Mr Pickering’s accounts during the investigation, including differing explanations about whether the relationship was sexual and about how contact details and EPR access were obtained.

On fairness, the tribunal applied section 98 ERA 1996 and the Burchell approach. It found that the respondent carried out a reasonable investigation, held a reasonable belief in gross misconduct, and acted within the range of reasonable responses in dismissing summarily. The tribunal accepted that mitigation about Mr Pickering’s marriage breakdown, his daughter’s ill health, his remorse, and his long service was put before the disciplinary panel and considered by it. It also found that alternatives to dismissal were considered, that Mr Pickering knew of the right of appeal, and that the paper appeal process was reasonable. The unfair dismissal claim was therefore dismissed and no award was made.