Ramesh Patel v Folkestone Nursing Home Ltd [2018]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1689
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline and Grievance, Policies and Procedures
Issues covered: Disciplinary Dismissal; Successful Internal Appeal; Reinstatement; Outstanding Issues; Status of Relationship; Implied Duty of Trust and Confidence

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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This article is correct at 24/07/2018

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