Miss L Stoneman v Represented by:10 Mr F Lefevre - Solicitor Grampian Health Board — 2019

The claimant, Miss L Stoneman, was dismissed after an allegation that on 23 May 2017 she deliberately tripped senior charge nurse Alistair Crouch, causing him injury. The tribunal recorded evidence from Mr Crouch, the claimant, a patient witness, and other staff, and noted that the respondent carried out an investigation, held a disciplinary hearing, and then two appeal hearings before confirming summary dismissal for gross misconduct.

For the unfair dismissal claim, the tribunal accepted that the reason for dismissal was conduct and therefore a potentially fair reason under s98(2)(b) ERA 1996. Applying s98(4) ERA 1996 and the guidance in Burchell and Iceland Frozen Foods, it found that the disciplinary panel genuinely believed the claimant had intentionally tripped Mr Crouch, had reasonable grounds for that belief, and had conducted a reasonable investigation. The tribunal relied in particular on the claimant's inconsistent accounts, the evidence that she did not help Mr Crouch after he fell, the account of the patient PT, and the fact that the disciplinary panel found the claimant's version of events unreliable.

The tribunal held that dismissal for gross misconduct was within the band of reasonable responses and therefore the unfair dismissal claim failed. It also noted the later decision of the Nursing and Midwifery Council not to proceed, but said that did not alter the tribunal's assessment because that body applied different tests and standards.

The wrongful dismissal claim also failed. On that issue the tribunal considered whether the claimant had actually committed gross misconduct, not merely whether the respondent reasonably believed she had done so. It found that she did intentionally trip Mr Crouch and that this amounted to a fundamental breach of contract, so the respondent was not obliged to give notice. The claim for wrongful dismissal was therefore dismissed and no notice pay or other contractual sum was awarded.