Unfair hearing

Case 4: The facts

Ethna Kilduff, co-ordinator of a mental health charity's drop-in centre, had an unblemished disciplinary record, but was dismissed following a colleague's complaint that she had verbally harassed a service user when getting him to sign a form.

A tribunal found that Kilduff had not been unfairly dismissed.

The ruling

The tribunal had conducted the hearing unfairly, the Employment Appeal Tribunal held, by excluding relevant witness evidence.

It had also failed to address the correct questions in law. It should first have considered whether there was any gross misconduct, including whether Kilduff believed completion of the form was mandatory. It should then have examined whether the employer had carried out a reasonable investigation, and whether dismissal was an appropriate response.

The case was sent to a different tribunal for hearing, but with a direction that the parties should seek conciliation through ACAS.

Kilduff v MIND in Bradford UKEAT/0568/04