Tribunal finds in favour of employer even through principles of natural justice appear to be missing

In the case of Bashir and Bashir v Sheffield Teaching Hospital NHS Foundation Trust, Mr and Mrs Bashir made grievances to NHS grievance panel and after many months the grievances were not upheld and in fact the Bashirs had not attended.  The panel also decided the Bashirs had acted in bad faith seeking to provide extra ammunition to use against their employees.  This led to a disciplinary hearing again delayed and not attended by the Bashirs.  The disciplinary hearing found the Bashirs should be summarily (instantly) dismissed for serious misconduct including wrongly obtained confidential documents, the bad faith finding and the fact that there was irreparable breakdown in working relationships given the serious allegations of race discrimination against colleagues.

The Bashirs were denied the opportunity to appeal their grievance. However, the Employment Appeal Tribunal concluded the dismissal was fair in this ‘exceptional’ case.

Published: 06 Sep 2010


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