Douarin v Abercorn Care Ltd - 2004 Disciplinary procedure and new evidence [2010] EAT

The now defunct 2004 Statutory Disciplinary Procedure did not oblige an employer to notify an employee in advance of an appeal hearing of any new evidence upon which it wishes to rely at the appeal hearing.  However such non-disclosure may be relevant to the fairness of a dismissal.

Ms Douarin was employed by Abercorn Care Ltd ("Abercorn") as the registered manager of a care home for the elderly. On 6th December 2007 she was summoned to adisciplinbary hearing to answer six allegations of misconduct, all of which were found proven by the employer at the disciplinary hearing.The employer found two of these allegations (that Ms Douarin had made errors in the records she kept of the medicines adminster to patients, and that these meant that a quantity of a controlled drug was unaccounted for, and that Ms Douarin had attended work when suspended, and she had then refused to leave when ordered to do so until the police arrived) amounted to gross misconduct, and Ms Douarin was summarily dismissed

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