This appeal arose out of a situation where the claimant had been summarily dismissed from their job as an emergency surgeon for gross misconduct.  The impugned conduct was related to the claimant’s alleged rudeness and failure to follow reasonable instructions.  There were no allegations relating to the professional conduct and medical skills of the claimant.

The investigation and disciplinary process was carried out under the ‘Maintaining High Professional Standards in the Modern NHS’ framework.   This policy required that a three-person panel, including an independent doctor, would be convened to carry out the disciplinary procedure.     Whilst there were a wide range of claims brought to the Tribunal originally, the appeal that reached the Court of Appeal in this