Author: Dennis Chapman
Published: September 5, 2010
Reading time: 1 minute
This article is 11 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
In the case of Bashir and Bashir v Sheffield Teaching Hospital NHS Foundation Trust, Mr and Mrs Bashir made grievances to NHS grievance panel and after many months the grievances were not upheld and in fact the Bashirs had not attended.
The panel also decided the Bashirs had acted in bad faith seeking to provide extra ammunition to use against their employees. This led to a disciplinary hearing again delayed and not attended by the Bashirs.
The disciplinary hearing found the Bashirs should be summarily (instantly) dismissed for serious misconduct including wrongly obtained confidential documents, the bad faith finding and the fact that there was irreparable breakdown in working relationships given the serious allegations of race discrimination against colleagues.
The Bashirs were denied the opportunity to appeal their grievance. However, the Employment Appeal Tribunal concluded the dismissal was fair in this ‘exceptional’ case.