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hmctsA Christian doctor has lost his bid to overturn the rejection of his Employment Tribunal claim by appealing to the Employment Appeal Tribunal.

Dr David Drew was dismissed from his employment as a paediatric consultant in December 2010 after his employment relationship with his employing hospital, Walsall Healthcare NHS Trust, deteriorated. Dr Drew, who was head of paediatrics between 2001 and 2008 and had been employed at the hospital since 1983, was suspended in 2009 after a grievance was submitted by a nurse regarding his behaviour. Although the grievance was not upheld and the doctor was allowed to return to his work the employment relationship, according to a member of senior management who gave evidence at the Tribunal, became “toxic”. Dr Drew apparently submitted a number of grievances regarding his colleagues and an independent review was arranged to examine these grievances specifically and the employment relationship generally. He apparently refused to accept the conclusions of the independent review – which included a recommendation that the doctor should refrain from communicating religious messages to his colleagues – and he was dismissed in December 2010 for “gross misconduct and insubordination”. Dr Drew subsequently submitted an Employment Tribunal claim for automatic unfair dismissal, “whistleblowing”, victimization and religious discrimination.

Dr Drew’s Employment Tribunal claims for unfair dismissal, victimization and discrimination were rejected by the Employment Tribunal. He therefore sought to appeal to the Employment Appeal Tribunal on multiple grounds – mainly perversity – but this appeal was rejected by the Employment Appeal Tribunal, who concluded that the Tribunal had made no error of law and was entitled to have come to the conclusions that they did.

Chris Hadrill, an employment solicitor at Redmans, commented on the case: “This case shows how grievances at work can escalate and can cause the employment relationship to become fundamentally toxic. If this circumstance arises then employers may be entitled to terminate an employee’s contract of employment and this dismissal may be fair – should the correct procedures have been undertaken and a reasonable decision to dismiss arrived at.”

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Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

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Testimonials

4.57 Average

23 Reviews

Anonymous

Thank you to Chris Hadrill at Redmans for his assistance in settling my case. I contacted him at the very last minute and he was happy to help me and managed to get everything done on time and in a very professional manner. I will definitely be happy to work with him again .

Posted 1 day ago

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 3 months ago

Steven

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Posted 3 months ago

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Posted 3 months ago

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At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 4 months ago

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Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 4 months ago

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Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 4 months ago

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Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 4 months ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 4 months ago

Chris

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Posted 4 months ago

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Excellent work delivered with great quality

Posted 4 months ago

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Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 4 months ago

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Posted 4 months ago

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Posted 4 months ago

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Posted 4 months ago

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Patient and thorough advice given to me around my Settlement Agreement

Posted 5 months ago

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Posted 5 months ago

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Posted 5 months ago

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Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 5 months ago