Oxford University NHS Foundation Trust v Kahn & Anor (UNFAIR DISMISSAL, CONTRACT OF EMPLOYMENT) [2022] EAT 144 (21 September 2022)

Oxford University NHS Foundation Trust v Kahn & Anor (UNFAIR DISMISSAL, CONTRACT OF EMPLOYMENT) [2022] EAT 144 (21 September 2022)

The Employment Tribunal's findings that Mr Khan assaulted Mr Da Cruz and that Mr Ali's mere presence and failure to intervene did not amount to gross misconduct were open to it on the evidence. The Tribunal was entitled to find the dismissals procedurally unfair due to the failure to finalise evidence from Mr Singh before dismissal. There was no perversity or error of law justifying appellate intervention.

Citation
[2022] EAT 144
Parties
Appellant/respondent: Oxford University Hospital NHS Foundation Trust; Respondent/cross Appellant: Mr I Khan; Respondent/cross Appellant: Mr M Ali
Jurisdiction
United Kingdom
Judgment Date
21 September 2022
Procedural Posture
Employment Appeal Tribunal / Appeal and Cross Appeal From Employment Tribunal Judgment
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Gross Misconduct, Procedural Fairness, Perversity, Contract of Employment
Employment Law Unfair Dismissal Wrongful Dismissal Gross Misconduct Procedural Fairness Perversity Contract of Employment

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 Tribunal / Appeal and Cross Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal's findings on wrongful and unfair dismissal were perverse
  2. 2 Whether the dismissal of Mr Ali was wrongful or unfair
  3. 3 Whether the dismissal process was procedurally unfair due to incomplete evidence

Ratio Decidendi

The Employment Tribunal's findings that Mr Khan assaulted Mr Da Cruz and that Mr Ali's mere presence and failure to intervene did not amount to gross misconduct were open to it on the evidence. The Tribunal was entitled to find the dismissals procedurally unfair due to the failure to finalise evidence from Mr Singh before dismissal. There was no perversity or error of law justifying appellate intervention.

Court Disposition

Appeal and cross-appeal dismissed