Bryant v Sage Care Homes Ltd (Unfair Dismissal : no sub-topic) [2012] UKEAT 0453_11_1112 (11 December 2012)

Bryant v Sage Care Homes Ltd (Unfair Dismissal : no sub-topic) [2012] UKEAT 0453_11_1112 (11 December 2012)

The Employment Tribunal correctly found that the claimant's dismissal for admitted breaches of the Nursing and Midwifery Council's standards—specifically, failure to record and report a drug administration error—fell within the range of reasonable responses open to the employer. The Tribunal did not err in law, did not fail to consider the claimant's arguments regarding ulterior motive, and its decision was not perverse.

Citation
[2012] UKEAT 0453_11_1112
Parties
Appellant/claimant: Ms Bryant; Respondent/employer: Sage Care Homes Limited
Jurisdiction
United Kingdom
Judgment Date
11 December 2012
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Gross Misconduct, Professional Standards, Nursing and Midwifery Council Guidelines, Disciplinary Procedures
Employment Law Unfair Dismissal Gross Misconduct Professional Standards Nursing and Midwifery Council Guidelines Disciplinary Procedures

Case Brief

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Parties

Ms Bryant

Appellant/claimant

Sage Care Homes Limited

Respondent/employer

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of the claimant for breaches of professional standards constituted unfair dismissal
  2. 2 Whether the Employment Tribunal failed to consider the claimant's case regarding alleged ulterior motive for dismissal
  3. 3 Whether the Tribunal's decision was perverse or involved an error of law

Ratio Decidendi

The Employment Tribunal correctly found that the claimant's dismissal for admitted breaches of the Nursing and Midwifery Council's standards—specifically, failure to record and report a drug administration error—fell within the range of reasonable responses open to the employer. The Tribunal did not err in law, did not fail to consider the claimant's arguments regarding ulterior motive, and its decision was not perverse.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.