West London Mental Health NHS Trust v Sarkar - Attempt to resolve misconduct issues by mediation did not make dismissal unfair [2009] EAT

Postscript:  Dr Sarkar appealed  to the Court of Appeal against the decision noted below.  He won on 19th March 2010. 

Dr Sarkar was employed as a Consultant Psychiatrist at Broadmoor Hospital. Following a number of complaints an investigation concluded that Dr Sarkar ought to face disciplinary proceedings. However, since he had also made complaints about other colleagues, the Trust first tried to resolve all matters using its "Fair Blame Policy" (FBP), effectively a process of mediation. The most that might have resulted in would be a first written warning, with perhaps a move to a different department within the Hospital. However, the process broke down when Dr Sarkar refused to accept certain proposals, and opted instead to take his chances at a disciplinary hearing. He was summarily dismissed and his internal appeal failed.