Mr D Diplexcito v Greater Glasgow Health Board — 2020

The claimant, a Band 5 registered nurse, was summarily dismissed for gross misconduct after the respondent concluded that he had recorded blood sugar observations which had not been undertaken. Some original allegations were not ultimately relied on for dismissal: the 4 June observations allegation was not upheld at the disciplinary stage, and the bladder scan allegation was reduced on appeal to a first/final written warning rather than summary dismissal.

The Tribunal held that the relevant question was not whether the claimant had in fact undertaken the observations, but whether the respondent acted within the range of reasonable responses. It found that the respondent had a genuine belief in misconduct, based on reasonable grounds including patient information, NEWS charts, BM monitor audit data, confirmation from a clinical scientist, and the absence of an explanation for the discrepancies.

Although the Tribunal noted concerns about aspects of the handling of the bladder scan allegation, it found that those matters did not determine the dismissal. The appeal panel had undertaken further checks on the blood sugar evidence before upholding summary dismissal. The Tribunal concluded that the investigation, process and sanction of dismissal for misconduct were within the range of reasonable responses, and the unfair dismissal claim was dismissed.