Mrs L Robinson v Homerton University Hospital University Trust — 2020

Mrs L Robinson’s only claim was unfair dismissal. The tribunal found that Homerton University Hospital University Trust dismissed her for misconduct, namely concerns arising from the June 2019 complaints and the claimant’s interactions with Patient B after the complaint from Patient A. It held that conduct was the genuine reason for dismissal and that the employer’s decision-making was based on what it reasonably believed after investigation.

The tribunal accepted that there were procedural shortcomings. It found that the disciplinary process was delayed, that the investigation report went beyond its proper role by making findings of fact on disputed matters, and that earlier complaints were improperly treated as disciplinary allegations rather than background. It also said that issues of alleged lack of integrity or dishonesty were not allegations that had been put to the claimant and should not have been weighed against her.

Even so, the tribunal concluded that the dismissal was not outside the band of reasonable responses. It held that the employer was entitled to regard the admitted conduct, the June 2019 allegations as genuinely perceived, and the prior history of complaints as background relevant to sanction. The tribunal also found it reasonable not to take a witness statement from Patient B, and reasonable for the decision makers to conclude that the claimant had shown Patient B a document connected with Patient A’s complaint.

The claim was therefore dismissed. The tribunal added that if it had found the dismissal unfair, there would have been a 100% Polkey reduction in both basic and compensatory award, and it recorded that on the facts as found there would have been no award.