Roberts v. Valley Rose Ltd (t/a Fernbank Nursing Home) [2007] UKEAT 0394_06_3105 (31 May 2007)

Roberts v. Valley Rose Ltd (t/a Fernbank Nursing Home) [2007] UKEAT 0394_06_3105 (31 May 2007)

The Employment Tribunal correctly found that the principal reason for the Claimant's dismissal was gross misconduct, not whistleblowing, and that the allegation of bad faith was properly put to the Claimant in advance, satisfying the requirements of Lucas. The appeal was dismissed as there was no procedural or substantive error.

Citation
[2007] UKEAT 0394_06_3105
Parties
Appellant/claimant: Mrs Roberts; Respondent/employer: Rembank Nursing Home (Fembank)
Jurisdiction
United Kingdom
Judgment Date
31 May 2007
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Whistleblowing, Public Interest Disclosure, Gross Misconduct, Bad Faith, Protected Disclosure
Employment Law Unfair Dismissal Whistleblowing Public Interest Disclosure Gross Misconduct Bad Faith Protected Disclosure

Case Brief

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Parties

Mrs Roberts

Appellant/claimant

Rembank Nursing Home (Fembank)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the principal reason for the Claimant's dismissal was making protected disclosures (whistleblowing) or gross misconduct
  2. 2 Whether the allegation of bad faith was properly put to the Claimant in accordance with legal requirements

Ratio Decidendi

The Employment Tribunal correctly found that the principal reason for the Claimant's dismissal was gross misconduct, not whistleblowing, and that the allegation of bad faith was properly put to the Claimant in advance, satisfying the requirements of Lucas. The appeal was dismissed as there was no procedural or substantive error.

Court Disposition

Appeal dismissed