Sarkar v West London Mental Health NHS Trust - inconsistency in employer's approach made dismissal unfair

An NHS Trust attempted to resolve matters of misconduct via an informal procedure (intended for more minor matters), but when this failed it dismissed Dr Sarkar for gross misconduct, based on the same matters. An employment tribunal was entitled to conclude that such an inconsistency in how seriously the Trust viewed the misconduct placed dismissal beyond the range of reasonable responses.

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