Miss C Doherty v University Hospitals NHS Trust: 2601570/2016
| Judgment Date | 16 May 2017 |
| Citation | 2601570/2016 |
| Date | 16 May 2017 |
| Published date | 26 May 2017 |
| Court | Employment Tribunal |
| Subject Matter | Unfair Dismissal |
Case No: 2601570/2016
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EMPLOYMENT TRIBUNALS
Claimant: Miss Claire Doherty
Respondent: University Hospitals of Leicester NHS Trust
FINAL HEARING
Heard at: Leicester On: 6 to 8 March 2017
Before: Employment Judge Camp (sitting alone)
Appearances
For the claimant: in person, assisted by Mrs Esta Molloy (lay representative)
For the respondent: Mr Richard Powell, counsel
RESERVED JUDGMENT
The claimant was not unfairly dismissed and her claim fails.
REASONS
1. The claimant, Miss Claire Doherty, was employed as an auxiliary nurse by the
respondent NHS Trust from 26 February 1990 until her dismissal with effect on
15 June 2016. She was dismissed following alleged misconduct on 11
September 2015 relating to counterfeit £20 notes. After a period of early
conciliation, she presented her claim form on 5 July 2016. Her only complaint
before the tribunal is of unfair dismissal – so-called ‘ordinary’ unfair dismissal
under sections 94, 98 and 111 of the Employment Rights Act 1996 (“ERA”).
Despite what is suggested in her claim form, she does not have a public
interest disclosure claim.
2. At the time of dismissal, the claimant was on a final written warning for using
bad language towards a fellow member of staff on 28 October 2014. A 24-
month final written warning was imposed on 12 February 2015. It is common
ground that: after that final written warning was imposed, the claimant was told
by a manager that if she appealed, the penalty could be increased; she did not
appeal; what she was told was incorrect; the claimant asserted, when she
challenging the decision to dismiss her, that that incorrect information had put
her off appealing the warning.
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