Barchester Healthcare Ltd v Tayeh - Tribunal wrongly substituted own view for that of employer [2012] EAT

The EAT's role is limited, in that it will only interfere if a tribunal's finding or conclusion on the facts is one that, if the correct legal principles are applied, is so perverse no reasonable tribunal could have reached it.

Mrs Tayeh was an experienced registered nurse, working at a care home run by Barchester Healthcare (BH). Following two incidents - (i) where BH management found staff asleep on a night shift under Mrs Tayeh's management and various failings as a consequence (ii) a complaint of a failure by Mrs Tayeh to carry out appropriate observation of a patient and their referral to hospital - she was suspended and subsequently faced  a disciplinary hearing. Some of the charges resulted in a final written warning, those for the later events led to her dismissal for gross misconduct.

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