Wrongful dismissal

Case 8: The facts

Sarah Jones and Christine Shingler, both nurses with long service, were dismissed summarily (without notice) after agency nurses alleged that they had mistreated patients at the care home where they worked. Their employer interviewed three of the four agency nurses before concluding that, on the balance of probabilities and because the agency nurses had no reason to make false allegations, Jones and Shingler had been guilty of the alleged misconduct.

They claimed wrongful and unfair dismissal, but a tribunal found that the employer had carried out a reasonable investigation and that the dismissals were fair.

The ruling

The Employment Appeal Tribunal found that Shingler had been off duty at the time of one of the alleged incidents; without considering this evidence, it said, the tribunal could not conclude that there had been an adequate investigation, even if Shingler and Jones may have committed other acts of misconduct.

As the employer could not prove that the misconduct had occurred, it could not justify summary dismissal; the failure to give notice meant that Jones and Shingler had been wrongfully dismissed. Their unfair dismissal claims were sent to a different tribunal for re-hearing.

Jones & Shingler v Loppington House Ltd EAT/0100&0101/06