Source: All England Reporter
Publisher Citation: [2001] All ER (D) 268 (Feb)
Court: Employment Appeal Tribunal

Judge Reid QC, Mrs R Chapman and Mr N Willis

Representation Timothy Barnes QC (instructed by Le Brasseur J Tickle) for the appellant.
  Michael Douglas QC (instructed by Brachers) for the respondent.
Judgment Dates: 22 February 2001


Unfair dismissal - Determination whether dismissal fair or unfair - Procedure relating to dismissal - Surgeon suspended following allegations of professional misconduct - Further allegation of misconduct arising from surgeon's deliberate deception - Contract of employment incorporating different provisions regulating professional and personal misconduct - Respondent categorising deception as gross personal misconduct and instituting internal disciplinary proceedings - Surgeon summarily dismissed - Whether conduct properly categorised as personal - Whether different proceedings for professional misconduct should have been instituted - Department of Health Circular HC (90)9, appendix B.

The Case

The Employment Appeal Tribunal dismissed a surgeon's appeal against an employment tribunal's decision that the respondent NHS Trust had been correct, in terms of appendix B of the Department of Health Circular HC (90)9, to categorise his deception as one of gross personal, not professional, misconduct such that he could be summarily dismissed in accordance with the same procedures laid down for other NHS staff.

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