Employment Cases Update

Epsom & St Helier University Hospitals NHS Trust v Starling UKEAT/0069/18/LA

Date published: 30/04/2019

Appeal against the ET’s finding that the Claimant had been constructively unfairly dismissed. Appeal dismissed.

The Claimant had been employed as a nurse by the Respondent for a number of years and had a clean disciplinary record. She felt unwell at work and was advised to go to A&E, which she attended and was discharged from in the evening. The next morning, the Claimant realised that her absence the day before meant that she had omitted to carry out a task and, as a result of that omission, the Respondent needed to make alternative arrangements for a patient and suffered financial loss. The Respondent issued an Improvement Notice to the Claimant in respect of the incident, but did not first have an informal meeting with her, as required by the Respondent's disciplinary policy. The Claimant resigned, and brought various claims in the ET, including that she had been constructively unfairly dismissed. The ET upheld her constructive unfair dismissal claim, on the basis that the Respondent had not issued the Improvement Notice in accordance with its own disciplinary policy, and the Respondent appealed.

The EAT held that the ET had not erred in law in its consideration of the Respondent's disciplinary policy and related matters.

Employment Claims without a Lawyer 2nd edition published March 2018

Read the full text of the judgment on BAILII or download the file by clicking the link below.