Oxford University Hospital NHS Foundation Trust v I Khan & Anor

Oxford University Hospital NHS Foundation Trust v I Khan & Anor

The employment tribunal's findings were not perverse; it was open to the tribunal to conclude that Mr Khan assaulted Mr Da Cruz and that Mr Ali's conduct did not amount to gross misconduct. The failure to finalise Mr Singh's evidence before dismissal rendered the process procedurally unfair. The appeal and cross-appeal are dismissed.

Parties
Appellant/respondent: Oxford University Hospital NHS Foundation Trust; Respondent/cross Appellant: Mr I Khan; Respondent/cross Appellant: Mr M Ali
Jurisdiction
England and Wales
Judgment Date
21 September 2022
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal and cross-appeal dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Gross Misconduct, Procedural Fairness, Perversity
Employment Law Unfair Dismissal Wrongful Dismissal Gross Misconduct Procedural Fairness Perversity

Case Brief

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Parties

Oxford University Hospital NHS Foundation Trust

Appellant/respondent

Mr I Khan

Respondent/cross Appellant

Mr M Ali

Respondent/cross Appellant

Procedural Posture

Employment Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the employment tribunal's findings on wrongful and unfair dismissal were perverse
  2. 2 Whether the failure to finalise evidence from a key witness rendered the dismissals procedurally unfair
  3. 3 Whether Mr Ali's conduct constituted gross misconduct

Ratio Decidendi

The employment tribunal's findings were not perverse; it was open to the tribunal to conclude that Mr Khan assaulted Mr Da Cruz and that Mr Ali's conduct did not amount to gross misconduct. The failure to finalise Mr Singh's evidence before dismissal rendered the process procedurally unfair. The appeal and cross-appeal are dismissed.

Court Disposition

appeal and cross-appeal dismissed