Harris v East Lancashire Hospitals NHS Trust [2022] EAT 41

Appeal against ET’s rejection of a claim for constructive dismissal.

The claimant was a nurse with a good long-term record. In 2017 she administered a unit of blood that had not been prescribed and with incomplete documentation. The incident was subject to an investigation and the decision was taken to make it subject to the disciplinary procedure. The claimant was given a written warning and an appeal failed on 17 November 2017. The claimant then resigned on 1 January 2018 and submitted a claim for constructive dismissal in April 2018, partly on the grounds of insufficient reasons to move to a formal disciplinary process. The judge concluded there was proper cause to instigate the disciplinary process, and it followed that the implied term of mutual trust and confidence as set out in Malik had not been breached.

HHJ Tayler dismisses the appeal. He recounts the procedural history and how the focus of the claim shifted during the hearing before agreeing that there was no error of law on the part of the judge. This appeal was an attempt to overturn facts found in the tribunal, which is a high barrier, and the judge had provided ample evidential basis for reaching the conclusions he had.


Published: 16/03/2022 14:10

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