Mrs J Stillman v Mid and South Essex NHS Foundation Trust — 2022

Mrs Stillman brought a single claim of unfair dismissal arising from her dismissal by Mid and South Essex NHS Foundation Trust. The respondent accepted that she had been dismissed and relied on misconduct as the potentially fair reason. The tribunal identified the relevant issues under section 98 of the Employment Rights Act 1996 and the Burchell approach to whether the respondent held a genuine belief in misconduct on reasonable grounds after a reasonable investigation, and whether dismissal was fair under section 98(4).

The tribunal found that concerns raised by student midwives in March 2019 led to a disciplinary investigation into alleged derogatory and discriminatory comments, disrespectful remarks about patients, and related conduct issues. It accepted that the respondent interviewed 19 witnesses, considered documentary material, and gave the claimant advance notice of the allegations, the notes of the investigation interviews, and the disciplinary bundle. The tribunal also accepted that the respondent had legitimate reasons for anonymising student and newly qualified midwife witnesses and that the claimant was represented throughout.

On the evidence before it, the tribunal found that the claimant had been guilty of misconduct in relation to allegations 1 and 7 and also allegation 2, and that the respondent was entitled to distinguish her conduct from that of colleagues who attended a reflective meeting. It further found that the claimant had been given a fair opportunity to respond, to provide evidence and testimonials, and to challenge the evidence through her representative at the disciplinary hearing and appeal. The respondent’s reasons for dismissal, including its view that the findings amounted to gross misconduct and that lesser sanctions were not appropriate, were held to be within the range of reasonable responses.

The claim for unfair dismissal was therefore dismissed. No monetary award was made. The tribunal did not record any discrimination, whistleblowing, redundancy, contractual, or wage claims.