Lafferty v Nuffield Health [2019]

The claimant was employed as a porter for more than twenty years by the respondent, which is registered as a not-for-profit charity operating a number of hospitals throughout the United Kingdom. The claimant worked in its hospital in Glasgow.   The claimant was charged with a serious criminal offence, namely assault to injury with intention to rape. He had, however, been released on bail.  As a result of being charged, the respondent suspended the claimant on full pay pending an investigation. The claimant made the respondent aware of the nature of the charges but stated that he denied them in their entirety.

In carrying out the investigation, there were two possible options