The Court of Appeal has recently provided guidance on how employers should carry out investigations into an employee’s alleged misconduct.
In Salford NHS Trust -v- Roldan, The Court of Appeal considered the case of a Philippine nurse who was dismissed summarily by the Respondent NHS Trust for alleged misconduct. The Employment Tribunal had initially found that she had been unfairly dismissed by virtue of an unfair disciplinary procedure and awarded her compensation, but this decision was overturned by the Employment Appeal Tribunal. Finally, the original decision of the Employment Tribunal was restored by the Court of Appeal.
The Court stated:
- Where the consequences of a dismissal are more serious for a particular employee, it is necessary to carry out a more careful investigation into the alleged misconduct. In this case, dismissal would have meant deportation for the Claimant, so a more rigorous investigation was required;
- Where there is a direct conflict of evidence between two witnesses in an investigation and the employer is unable to reconcile the evidence, it is acceptable to give the benefit of the doubt to the employee whose conduct is in question.
Employers should therefore be mindful of potentially alarming consequences of dismissal for the employee in question when considering what is required of them in terms of investigation.
