Ramesh Patel v Folkestone Nursing Home Ltd Posted In: Case Law
Case ReferenceEWCA Civ 1689
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionUnfair Dismissal, Disciplinary and Grievance Issues, Policies and Procedures
This case involved a dismissal for gross misconduct. The employee appealed against the decision internally and won but refused to return to work as other serious allegations made against him were not addressed. The Court had to determine whether the employee was in fact dismissed or whether, owing to the success of the internal appeal, he remained in employment and the dismissal had no effect.
The appellant worked as a healthcare assistant for the respondent care home. He was dismissed for gross misconduct stemming from allegations that he was sleeping whilst on duty and falsifying patients’ records (this second charge brought the threat of a referral to the Disclosure and Barring
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