Bashir & Bashir v Sheffield Teaching Hospital NHS Foundation Trust - Dismissal appeal failed: Neither error in law nor perverse [2010] EAT

An example of "an exceptional case" where, due to its particular facts, the EAT felt able to hold that, despite the fact that certain principles of natural justice had not, on the face of it, been adhered to, nonetheless the dismissal was fair.

Mr and Mrs Bashir (the “Bashirs”) both worked in the finance department of Sheffield Teaching Hospital NHS Trust ("the Trust”). They made allegations of race discrimination to an independent NHS grievance panel against both the Trust and individual members of its Board. After many months, and numerous delays, their grievances were not upheld (in their absence from the hearing). Furthermore, the Panel found that the Bashirs had acted in “bad faith” in raising their grievances. These grievances had been held at “Stage 5” of the Trust’s grievance policy (at the request of the Bashirs) and as such there was no possibility of appeal against the decision.

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