Gross misconduct: is dismissal always reasonable?

One might be forgiven for thinking that dismissal will inevitably fall within the band of reasonable responses in a case of gross misconduct. Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 states otherwise — it would be an error of law to hold that summary dismissal is always a reasonable penalty for gross misconduct because this approach would fail to give due consideration to any mitigating factors (such as an employee’s long service, the consequences of any dismissal or any previously unblemished record).

The employee was a consultant haematologist whose contract allowed her to hold private sessions in addition to her NHS work…

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