Claimant v W

The claimant withdrew this claim at the hearing. No further findings were made on this claim.

The tribunal found the claimant's panic attack was a one-off event triggered by a flashback to her own stroke, not something arising from her mild anxiety and depression. The respondent did not have knowledge of her disability. Even if it had arisen from disability, the dismissal was a proportionate means of achieving the legitimate aim of maintaining confidentiality of patient information.

The tribunal found the respondent held a genuine belief in the claimant's guilt on reasonable grounds following a reasonable investigation. Dismissal was within the band of reasonable responses. The breach of confidentiality was a fundamental breach of policy and the claimant was aware of its importance. Despite sympathy for the claimant's circumstances, the dismissal was fair.

The tribunal concluded that the claimant's action in accessing patient records was a repudiatory breach of contract and gross misconduct. The respondent established on the balance of probabilities that the claimant was guilty of gross misconduct. The claim therefore did not succeed.