Brito -babapulle v Ealing Hospital NHS Trust (Disability Discrimination : Disability) [2013] UKEAT 0358_12_1406 (14 June 2013)

Brito -babapulle v Ealing Hospital NHS Trust (Disability Discrimination : Disability) [2013] UKEAT 0358_12_1406 (14 June 2013)

The Employment Tribunal erred in law by treating a finding of gross misconduct as automatically justifying dismissal without considering whether, in light of all the circumstances and mitigation, dismissal was a reasonable response under s.98(4) Employment Rights Act 1996.

Citation
[2013] UKEAT 0358_12_1406
Parties
Appellant's Counsel: Ms Nabila Mallick; Respondent's Counsel: Mr Andrew Midgley; Respondent's Solicitors: Capsticks Solicitors LLP
Jurisdiction
United Kingdom
Judgment Date
14 June 2013
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; matter remitted to the same Employment Tribunal for reconsideration limited to whether dismissal was reasonable in all the circumstances, considering mitigation.
Legal Topics
Unfair Dismissal, Disability Discrimination, Gross Misconduct, Reasonableness of Dismissal
Employment Law Unfair Dismissal Disability Discrimination Gross Misconduct Reasonableness of Dismissal

Case Brief

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Parties

Ms Nabila Mallick

Appellant's Counsel

Mr Andrew Midgley

Respondent's Counsel

Capsticks Solicitors LLP

Respondent's Solicitors

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether dismissal for working in private practice while on NHS sick leave constituted gross misconduct justifying dismissal
  2. 2 Whether the Employment Tribunal erred by failing to consider mitigation and whether dismissal was reasonable in all the circumstances under s.98(4) Employment Rights Act 1996

Ratio Decidendi

The Employment Tribunal erred in law by treating a finding of gross misconduct as automatically justifying dismissal without considering whether, in light of all the circumstances and mitigation, dismissal was a reasonable response under s.98(4) Employment Rights Act 1996.

Court Disposition

Appeal allowed in part; matter remitted to the same Employment Tribunal for reconsideration limited to whether dismissal was reasonable in all the circumstances, considering mitigation.

Orders

  • Remission to the same Employment Tribunal to determine if dismissal was reasonable in light of all mitigation.