When Misconduct Arises, Think of the Consequences

Originally published 28 July 2010

Keywords: Employment, unfair dismissal, disciplinary hearing, employee misconducts

The standard of investigation to be carried out by employers before dismissing an employee for misconduct has come under the spotlight again in a recent Court of Appeal case. Where the consequences of dismissal for the employee are serious, employers must conduct a particularly careful and even-handed investigation into the alleged misconduct.

Facts

Ms Roldan was an experienced Filipino nurse employed by Salford NHS Trust. In September 2007, Ms Denton, who worked with Ms Roldan, complained that Ms Roldan had ill-treated a patient. Pending an investigation into this allegation, Ms Roldan was suspended. Ms Roldan, Ms Denton and one other individual were interviewed as part of the investigation. The outcome of this was that Ms Denton's evidence was preferred to that of Ms Roldan, whose recollection of events was found to be inconsistent and vague.

The matter proceeded to a disciplinary hearing. The allegations against Ms Roldan were not set out in any precise way but in advance of the disciplinary hearing she was given the witness statements taken by the Trust during the investigation. Ms Roldan was summarily dismissed for gross misconduct; her subsequent appeal was not upheld. Ms Roldan was also prosecuted following a criminal investigation into the allegations. Although she was eventually acquitted, she lost her work permit...