Disciplinary and grievance procedures - a guide for union reps (November 2021)

Chapter 4

Requiring a higher standard

[ch 4: page 37]

In some circumstances, where disciplinary procedures could result in the employee losing their entire career, the courts have said that a higher standard of investigation is required, within the band of reasonable responses. For example, in Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522, a Filipino nurse was accused of mistreating a patient, based on a colleague’s evidence. The Court of Appeal said that a particularly high standard was required in this case because summary dismissal meant the end of her nursing career, the loss of Roldan’s work permit and deportation.

Similarly, in Crawford v Suffolk Mental Health Partnership [2012] EWCA Civ 138, a tribunal ruled that a nurse was unfairly dismissed following an allegation that she used inappropriate restraint methods on an elderly dementia patient. The dismissal was unfair in particular because the hospital conducted a staged reconstruction of the incident without inviting the claimant and her representative. The standard of investigation was not high enough.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.