Brighton and Sussex University Hospitals NHS Trust v Akinwunmi and others [2017]

Posted In: Case Law
  • Case Reference
    UKEAT 0345_16_2906
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline
Issues covered: Unfair Dismissal; Misconduct; Refusal to Obey a Reasonable Instruction

This was an appeal to Employment Appeal Tribunal from a decision that the claimant, who was employed as a consultant neurosurgeon, had been unfairly dismissed. The core of the Trust’s case before the Employment Tribunal was that it was entitled to dismiss the claimant because he had taken 20 months of unauthorised absence.

The claimant argued that his employer failed to take account of the reason why he had not returned to work i.e. that his health and safety and that of his patients would be endangered if he returned without the Trust addressing allegations made against him by former colleagues and generally facilitating his return to work.

The original Employment Tribunal accepted

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This article is correct at 06/07/2017

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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