Mr Paul Dickens v Nottinghamshire County Council Record of an attended Hearing at the Employment Tribunal Audio Recorded by CVP — 2024

The claimant was employed by Nottinghamshire County Council as a Team Manager and designated Safeguarding Officer at Clayfields House. He was dismissed for gross misconduct after the respondent concluded that he failed to take appropriate action about safeguarding concerns involving an Assistant Practitioner, Adult 'R', and a 15-year-old resident, Child 'A'.

The tribunal found that the respondent had a genuine belief that the claimant failed in his safeguarding duties, that this belief followed a reasonable investigation, and that dismissal fell within the range of reasonable responses. It also found that the claimant's double jeopardy, res judicata or estoppel argument did not apply, because the earlier disciplinary warning was not an adjudication engaging those doctrines and there were cogent reasons to reopen the matter.

The tribunal concluded that a reasonable employer could treat the claimant's lack of appropriate and timely action as gross misconduct justifying summary dismissal. The unfair dismissal claim was dismissed.