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England and Wales decisions
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It was perverse for the Employment Tribunal to conclude that the claimant's conduct amounted to gross misconduct when such conduct was not specified as such in the code of conduct or contract, and the evidence did not support this finding. The dismissal was unfair, and the reduction of awards by 100% was not justified or adequately reasoned.
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The Court discharged the ex parte injunction because the Defendant had considered the training route with HEE and reasonably decided to proceed with its own disciplinary process. The pleaded claim was not strong or likely to succeed, and the Court should not micro-manage the disciplinary process. The panel can address fairness issues, including legal representation and witness evidence, within its own procedures.
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Nirmal v Birmingham Women's and Children's Hospital NHS Foundation Trust [2026] EWHC 723 (KB) (25 March 2026)
The High Court discharged an ex parte injunction halting a doctor’s disciplinary hearing, finding the pleaded misclassification challenge was weak and the panel could address fairness issues itself.
The Employment Appeal Tribunal dismissed an appeal against a finding of unfair dismissal, upholding the tribunal’s approach to the ACAS Code, comparators, delay, and alleged procedural unfairness.
Chief Constable of Derbyshire Constabulary, R (On the Application Of) v Police Misconduct Panel [2026] EWHC 467 (Admin) (09 February 2026)
The High Court quashed the sanction imposed by a police misconduct panel, finding inadequate reasoning for final written warnings, but upheld its findings on the officers' conduct.
The Claimant committed gross misconduct by entering into an advisor agreement and NDA with Advent, a bidder for the Defendant's business, while on garden leave, and by downloading confidential and commercially sensitive information. These actions breached express and implied terms of trust, confidence, conflict of interest, and confidentiality, entitling the Defendant to summarily dismiss him and withhold contractual payments and benefits. The Defendant's disciplinary process was fair and transparent. There was no breach of the Settlement Agreement, no wrongful dismissal, and no actionable de…
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Commissioner of Police of the Metropolis, R (On the Application Of) v Police Misconduct Tribunal [2025] EWHC 3110 (Admin) (27 November 2025)
Judicial review of a police misconduct decision failed. The High Court upheld the Tribunal’s finding on Equality and Diversity and its final written warning sanction.
Judicial review of a police misconduct decision failed. The High Court held the tribunal had not erred in rejecting an Equality and Diversity breach and its final written warning was rational.
The Employment Appeal Tribunal allowed an unfair dismissal appeal where the tribunal had not adequately addressed whether the dismissing officer considered the claimant’s long service.
The High Court dismissed a judicial review challenge to a police misconduct panel’s decision to impose a final written warning rather than dismissing an inspector.
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