Corbin v Portsmouth Hospitals NHS Trust

Employment – Unfair dismissal. The Employment Appeal Tribunal (the EAT) dismissed the employer's appeal, in part, against the employment tribunal's finding of liability for unfair dismissal where the employee had been summarily dismissed for gross misconduct for using confidential patient information. The EAT held that the tribunal had been entitled to conclude that the employer had adopted an unreasonably constrained approach, which had failed to allow for lesser sanctions and had ignored the relevant mitigating factors. The EAT, however, held that the tribunal had erred in applying the wrong approach in respect of the wrongful dismissal claim and on the question of contributory fault. The employee's cross-appeal against the tribunal's decision to extend time for a reconsideration application was dismissed.

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