Caroline Connolly v Western Health and Social Care [2017]
Decision Number: Legal Body: Court of Appeal (Northern Ireland)
Published on: 19/10/2017
Issues Covered:
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Background

We covered an earlier NICA decision on this case in 2016, when the case was remitted back to an employment tribunal due to concerns about the adequacy of the tribunal's investigations:
https://www.legal-island.com/articles/uk/case-law/2016/mar/caroline-connolly-v-western-health--social-care-trust-2016/

After another tribunal decision, it has now been heard again and a majority of the Court of Appeal has found in favour of the employee.

The appellant, a nurse at Altnagelvin Hospital, was dismissed for gross misconduct. She suffered from asthma and during the course of her shift felt the onset of an attack. She used a Ventolin inhaler from a locked medicine cupboard to combat the effects. On a previous occasion the Ward Sister had provided her with non-prescription cough linctus. She promptly informed the Sister

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 19/10/2017