NHS 24 v Mrs Patricia Friel Pillar Posted In: Case Law
Case Reference] UKEATS/0005/16/JW
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionDismissal, Discipline and Grievance
The claimant worked as a Nurse Practitioner, with her duties consisting of taking telephone calls from the public and prioritising them based on their medical priority. Following a situation where she referred a patient who had suffered a heart attack to an out-of-hours GP service she was dismissed for gross misconduct.
She had been involved in two similar incidents previously which were dealt with by her employer through training rather than through any disciplinary action. Nonetheless, the report which was compiled for the purpose of her eventual disciplinary hearing referred to the two previous incidents.
The initial tribunal considered that it was not reasonable for the employer to
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