Breach of contract results in £16k award

An employment tribunal has ruled that a medical charity breached its own employment contract when it dismissed a doctor, despite having sufficient grounds to do so due to her “vindictive and bullying behaviour”.

The doctor, who had been employed for more than three years, repeatedly raised concerns about a colleague’s competence and professionalism but the concerns were unfounded and the issue was a personal one. The tribunal found that her conduct would have justified dismissal and described it as bordering on a personal vendetta.

However, the employment tribunal concluded that an informal email triggered the disciplinary process and that the internal investigation was “highly flawed”.

The judge upheld a breach of contract claim and awarded £8,503.32 for wrongful dismissal and £8,000 for injury to feelings.

This case highlights the need for employers to follow fair, impartial, and transparent disciplinary procedures. In this case, the tribunal stressed the importance of thorough investigations, objective evidence-gathering, proper documentation, and ensuring that employees have a meaningful opportunity to respond. Even when dismissal is substantively justified, failures in process can still result in legal and financial consequences.

It is important that investigations are carried out in a fair, consistent and thorough manner to avoid flawed process. 121 HR Solutions are well placed to deliver training internally to businesses, contact us for further details enquiries@121hrsolutions.co.uk.

Breach of contract results in £16k award

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