The claimant was employed as a Clinical Psychologist in the Mental Health Services for Older People Directorate. Her supervisor conducted a performance review as she was concerned patient files were not being updated properly. The claimant was signed off as competent and continued to carry out her daily tasks.

Following a serious incident outside work the claimant began a period of sick leave. During that time it came to the attention of her clinical supervisor that there were a number of problems with her files. Some eight files from the claimant's caseload were identified as having missing reports and she had a number of files at home. She was told to refrain from active clinical practice and instead was assigned to a research project.

Six allegations were made against her with regards record keeping, potentially constituting gross misconduct and an investigation was commenced. The respondent argued the claimant had contravened several areas of the codes of practice of the Health Professions Council (HPC) and was dismissed with immediate effect. She appealed the decision and brought claims for unfair and wrongful dismissal.

Dismissing the claims, the tribunal held that dismissal was within the range of reasonable responses of the respondent and that whilst there had been some deficiencies in the disciplinary process these were rectified on appeal.

The claimant sought to challenge this decision. She argued the tribunal had erred in failing to have regard to the admission by Linda Braithwaite (the person who conducted the investigation) that she had removed an attachment to an email sent by the claimant. The attachment supported the claimant’s assertion that she had informed her supervisor that some patient files required further work. Further, the transcripts contained evidence relevant to and supporting weaknesses in the Trust's investigation.

The Employment Appeal Tribunal held it was an error of law to reject evidence obtained at events after the decision to dismiss when considering the claim for wrongful dismissal. The issue to be determined by the tribunal in deciding the wrongful dismissal claim was whether the claimant was in fundamental breach of contract, not whether at the time the decision was taken the respondent had reasonable grounds for that belief. The investigation was said to have been inadequate and deletion of the email attachment was significant as in it the claimant informed her supervisor that the reports on certain patients were outstanding.

The Employment Appeal Tribunal concluded the tribunal had erred in refusing the claimant's application for reconsideration of their judgment dismissing her claims of wrongful and unfair dismissal when material referred to by her relating to the hearing by the professional body considering her fitness to practice was not taken into account. This material was relevant to the issue of whether the claimant was guilty of falling below required professional standards for which she was dismissed.

Further the tribunal erred in refusing the application in light of their omission to consider the important email attachment which was relevant to the adequacy of the respondent's investigation and the fairness of the decision to dismiss. The decision of the tribunal was set aside and the application for reconsideration was remitted for consideration.