Claimant v Greater Glasgow Health Board

Outcome

Facts

The claimant was a senior charge nurse with 32 years' service who coordinated care for a vulnerable, non-verbal patient (Patient A). Multiple care staff from an external agency alleged the claimant engaged in inappropriate physical contact with Patient A including getting into the patient's bed, putting footballs up the patient's top, tickling, pinching, and getting in the patient's face despite the patient clearly objecting. The respondent investigated, held a disciplinary hearing, and dismissed the claimant for gross misconduct. The claimant denied the allegations and appealed. The same allegations led to criminal proceedings where the claimant was acquitted, and NMC proceedings which resulted in an interim suspension order.

Decision

The tribunal dismissed the claim. It found the respondent had a genuine and reasonable belief in the misconduct based on a reasonable investigation. While the process took considerable time due to police involvement and scheduling difficulties, and there were minor procedural imperfections, the investigation and dismissal procedure overall fell within the band of reasonable responses. Dismissal for such serious misconduct involving mistreatment of a vulnerable patient was also within the band of reasonable responses.

Practical note

Legal authorities cited