St George’s University Hospitals NHS Foundation Trust

Case Summary

The claimant was dismissed for misconduct relating to unauthorised access to a colleague's computer and password. His claim for unfair dismissal was dismissed but his claim for wrongful dismissal succeeded, as the respondent should have dismissed him summarily for gross misconduct rather than with notice.

The claimant's unfair dismissal claim failed on its merits because the dismissal was procedurally and substantively fair; however, the wrongful dismissal claim succeeded because the misconduct constituted gross misconduct warranting summary dismissal, meaning the respondent should not have provided notice and must compensate for the notice period.

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• •The key legal issues/arguments were around the fairness of the dismissal - whether the respondent had a potentially fair reason and acted reasonably in dismissing the claimant.

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