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Brito-Bapapulle v Ealing Hospital NHS Trust [2014] EWCA Civ 1626

Dismissal for gross misconduct was fair irrespective of label of conduct

In Brito-Bapapulle v Ealing Hospital NHS Trust Ms B-B, a consultant haematologist, took sick leave from Ealing Hospital but continued seeing private patients during that time, in contravention of the Trust’s instruction that she should not do so during her sick leave. The disciplinary panel dismissed her for gross misconduct on the ground of fraud. The ET found that, whilst a difficult decision, the dismissal did fall within the range of reasonable responses and that Ms B-B’s actions did amount to gross misconduct.

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