Brito-Babapulle v Ealing Hospital NHS Trust

Brito-Babapulle v Ealing Hospital NHS Trust

The appellant was aware of the allegation against her, the disciplinary process was fair, and the finding of gross misconduct was justified. The use of the term 'fraud' in the dismissal letter did not affect the substance of the misconduct found. The Employment Tribunal's decision (subject to the EAT's remittal on mitigation) was not in error of law.

Parties
Appellant/claimant: Finella Brito-Babapulle; Respondent/defendant: Ealing Hospital NHS Trust
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Gross Misconduct, Disciplinary Proceedings, Natural Justice
Employment Law Unfair Dismissal Gross Misconduct Disciplinary Proceedings Natural Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Finella Brito-Babapulle

Appellant/claimant

Ealing Hospital NHS Trust

Respondent/defendant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the dismissal of the appellant for undertaking private work while on paid sick leave constituted unfair dismissal
  2. 2 Whether the disciplinary proceedings and the finding of gross misconduct were properly conducted
  3. 3 Whether the use of the term 'fraud' in the dismissal letter affected the fairness of the dismissal

Ratio Decidendi

The appellant was aware of the allegation against her, the disciplinary process was fair, and the finding of gross misconduct was justified. The use of the term 'fraud' in the dismissal letter did not affect the substance of the misconduct found. The Employment Tribunal's decision (subject to the EAT's remittal on mitigation) was not in error of law.

Court Disposition

Appeal dismissed

Orders

  • Remitted hearing as to whether gross misconduct justified dismissal should proceed before the Employment Tribunal without further delay