Brito-Babapulle v Ealing Hospital NHS Trust - Fraud: Dismissal is not automatically fair just because it is for gross misconduct [2013] EAT

A tribunal is wrong to conclude that, once gross misconduct is established, dismissal must have been fair. It must still consider whether the whole of the circumstances - including mitigation put forward by the dismissed employee - placed dismissal within the range of reasonable responses.

Ms Brito-Babapulle, a consultant haematologist, was dismissed from Ealing Hospital NHS Trust for gross misconduct as a result of continuing to work for private patients whilst claiming sickness payment from the NHS. She did not accept that she had received two previous directions not to do so. Her employer gave "fraud" as the reason for finding gross misconduct (something about which the EAT would later advise caution, the term being emotive, although it did not necessarily dispute its use).

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