Overview

In the recent case of Salford Royal NHS Foundation Trust v Roldan, the Court of Appeal has examined the approach that employers should take when investigating allegations of misconduct, particularly where a dismissal can have serious consequences for the employee.

Ms Roldan, a nurse from the Philippines, worked with a health care assistant, Ms Denton. Following Ms Denton’s complaint that Ms Roldan had ill-treated a patient, Ms Roldan
was suspended pending an investigation, which was carried out by a senior manager. The senior manager concluded that Ms Roldan’s recollection was inconsistent and vague and that of Ms Denton was consistent and precise and recommended that the matter should proceed to a disciplinary hearing. The disciplinary panel found Ms Roldan's evidence unconvincing and preferred that of Ms Denton and summarily dismissed Ms Roldan on the grounds of gross misconduct.

The consequences for Ms Roldan were very significant. Not only did she lose her job, she also lost her work permit and the right to remain in the UK. She was also the subject of a criminal investigation by the police. Ms Roldan brought a claim for unfair dismissal and race discrimination. While the race discrimination claim was unsuccessful, the employment tribunal upheld the claim for unfair dismissal.

Click ‘View Briefing’ to read more about the case.