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SOSR Dismissal

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[Thanks to David Campion of EAD Solicitors for preparing this case summary]

The EAT (Keith J) has handed down its decision in Ezsias v North Glamorgan NHS Trust, which is authority for the proposition that the reason for dismissal is not conduct - and thus an employer need not follow its conduct dismissal procedures - where the dismissal is primarily because of a breakdown in trust and confidence caused by the employee's conduct.

The Claimant, a Consultant Surgeon claimed he had been automatically unfairly dismissed due to making protected disclosures (whistleblowing).

An investigation found that the Claimant's conduct had led to the breakdown of relationships and that many of the Claimant's colleagues would not be happy to work with him again. The ET found that the Claimant's alleged protected disclosures were not made in good faith and that dismissal was not due to the disclosures, but rather due to the breakdown in trust and confidence.

The Claimant appealed on the basis that the NHS trust had failed to implement disciplinary procedures under the nationally agreed Whitley Council terms. It was held that these disciplinary procedures were not applicable as the allegation did not relate to the Claimant's conduct. The decision to dismiss was upheld as being fair for some other substantial reason, as dismissal was due to the breakdown in trust and confidence, not the Claimant's conduct by contributing to that breakdown.