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Dismissal following break-down of negotiations

West London NHS Trust vs Sarkar

EAT/0007/08

Key facts

Following complaints from patients, Sarkar was accused of misconduct and
disciplinary proceedings began. Under a negotiated agreement Sarkar was issued
with a written warning, but the agreement subsequently broke down and Sarkar’s
case proceeded to a hearing where he was dismissed. Sarkar claimed unfair
dismissal. 

Decision

The EAT overruled an earlier Tribunal decision in favour of Sarkar, indicating that the earlier agreement did not mean that disciplinary sanctions were ruled out. The complaints were serious and dismissal was a reasonable response from the employer.

Our view

This is good news for mediation. The decision, which is common-sense, means that employers can genuinely embark upon a mediated agreement without tying their hands if it all goes wrong.