Physical assault by staff
Caroline dismissed a dental nurse for gross misconduct after she physically assaulted another member of staff. The nurse made an employment tribunal claim against the practice alleging that her dismissal was unfair.
Caroline contacted us for advice as soon as the assault took place. She got advice on every step of the disciplinary process, including suspension, investigation and subsequent disciplinary process and appeal.
We assisted Caroline throughout the entire tribunal process, drafted the ET3 defence, prepared the tribunal bundle and drafted the witness statements.
At the tribunal hearing, we provided advocacy for the member and submitted that a fair and reasonable procedure had been carried out. The tribunal panel agreed that the nurse’s dismissal had been fair and dismissed her claim.
This case highlights the important of using the correct procedures.
Any flaw in the investigation or disciplinary procedure may well have led the tribunal to come to a different decision and Caroline being ordered to pay compensation. The member had BDA model employment contracts and disciplinary procedures in place.
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A receptionist had been causing a number of problems at Patrick’s practice. She had made a number of mistakes when booking in patients and then was absent from work without authorisation.
Patrick started a disciplinary process but the receptionist went off sick and then resigned shortly afterwards.
She made employment tribunal claims of constructive dismissal and age discrimination, alleging that she had been bullied out of her job and her age played a part in this. Her claim form was lengthy and contained a number of allegations stretching back a number of years.
After receiving the tribunal claim, Patrick contacted their legal expense insurers who refused to provide tribunal representation.
He then contacted us for help. An advisor helped him respond to the claim by drafting the ET3 defence, and met with the member at the practice to take witness statements.
A case management discussion was held to discuss the issues in the case. An advisor attended the hearing on behalf of Patrick.
At the hearing, the judge ordered the claimant to provide a schedule of issues as her claim form was so protracted. Within a few weeks of the hearing, the receptionist withdrew her claim and it was dismissed by the tribunal.
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Fraudulent changes to family member's accounts
Leila discovered that her receptionist had deliberately made changes to her mother’s financial accounts and treatment plans so that her mother did not have to pay the practice for treatment. The receptionist then made further changes in order to hide the evidence.
Leila approached us for help and an advisor provided one-to-one telephone and written advice on the disciplinary process. She dismissed the receptionist for gross misconduct following a formal disciplinary hearing. The receptionist made an employment tribunal claim alleging that her dismissal was unfair and that she had made the changes by accident.
The advisor drafted the ET3 defence, which included a detailed account of the receptionist’s wrongdoing and the changes she had made. The BDA submitted the ET3 to the tribunal and sent a copy to the receptionist.
The receptionist's claim was withdrawn the following day.
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