North West London Hospitals NHS Trust v Bowater - What general public would think was an irrelevant consideration for the tribunal  EAT
In deciding that a dismissal was unfair by taking account of what the general public would think, an employment tribunal effectively ignored the employer's findings and wrongly substituted its own views for those of the employer.
Ms Bowater was a senior staff nurse working in Accident & Emergency. A strong young man was brought in suffering a fit. Nursing staff attempted to restrain him in order that a doctor could administer an injection but this proved difficult. He threw off staff restraining him and any coverings there were over him. Trying to hold the man still, Staff Nurse Bowater sat across him, but he managed to kick her off: as a result she ended up straddling his naked genitals. Her efforts did actually give the doctor time to give the essential injection. The patient had absolutely no idea of what was happening throughout.