Band 5 nurse with 30 years' experience dismissed for failing basic ICU skills
A tribunal has upheld the dismissal of a nurse who failed to demonstrate basic nursing skills during a supernumerary training period, despite 30 years of experience. The trust's decision was found to be within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #patient-safety
- #supernumerary-training
- #baseline-skills
- #conduct-vs-capability
- #settlement-rejection
Key facts
- The claimant was a Band 5 Staff Nurse with 30 years' nursing experience.
- She was placed on a supernumerary training period in the ICU from September 2019.
- Multiple senior nurses reported concerns about her basic nursing skills, including A-E assessments, IV infusion safety, and medication errors.
- The disciplinary panel found gross misconduct and dismissed her after a further placement showed zero progress.
- The claimant had previously agreed a settlement in principle but later rejected it without engagement.
Timeline
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Started in ICU
Claimant began working in the General Intensive Care Unit under a supernumerary training period.
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Informal improvement plan
Claimant placed on an informal performance improvement plan for conduct issues like lateness and uniform.
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First safety concern
Senior nurse TP reported claimant unable to complete A-E assessment and attempted to use IV line with air bubbles.
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Supernumerary extended
RR extended claimant's supernumerary status due to concerns about consistent safe patient care.
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Suspension
Claimant suspended from work following accumulating concerns from three senior nurses about baseline skills.
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Investigation started
SB appointed to conduct disciplinary investigation; claimant attended meetings on 12 and 19 December.
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Investigation report
SB concluded there was a case to answer on four categories of basic nursing failures.
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First disciplinary hearing
Panel chaired by ST found significant concerns but adjourned to give claimant a further opportunity in a ward placement.
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Reconvened hearing
Panel found claimant made zero progress in cardiac ward placement and upheld gross misconduct finding.
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Dismissal
Claimant dismissed for gross misconduct due to failure to demonstrate basic nursing skills and patient safety risks.
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Appeal dismissed
Appeal panel chaired by MG upheld dismissal as proportionate.
The legal issue
The tribunal had to decide whether the trust had a potentially fair reason for dismissal (conduct or capability) and whether the dismissal was fair under section 98(4) of the Employment Rights Act 1996, considering whether the investigation and decision fell within the range of reasonable responses.
The outcome
The tribunal dismissed the claim for unfair dismissal.
The key reasons were:
- The trust had genuine concerns about patient safety arising from the claimant's inability to perform basic nursing skills, such as A-E assessments and safe IV line use.
- The disciplinary process was thorough: an investigation, a first hearing that gave the claimant a further opportunity, and a reconvened hearing after a ward placement showed no improvement.
- The decision to dismiss for gross misconduct was within the range of reasonable responses for an employer in the healthcare sector.
No compensation was awarded as the claim was dismissed.
Lessons & takeaways
- Patient safety concerns can justify dismissal even for long-serving employees if basic skills are lacking.
- Employers should offer multiple opportunities and a fair process before dismissing for capability or conduct issues.
- Rejecting a settlement offer without engagement can weaken a claimant's position in subsequent tribunal proceedings.
- Tribunals will consider the employer's sector and the seriousness of risks when assessing the reasonableness of dismissal.
A case about patient safety and second chances
This case shows how a long-serving employee can still be fairly dismissed when patient safety is at risk. The claimant, a Band 5 Staff Nurse with 30 years' experience, was placed on a supernumerary training period in the ICU. Within weeks, senior nurses reported concerns about her basic nursing skills, including A-E assessments and IV line safety. Despite being given an informal improvement plan and extended supernumerary status, the concerns continued.
The trust suspended her and launched a disciplinary investigation. At the first disciplinary hearing, the panel decided not to dismiss but to give her a further opportunity in a ward placement. When that placement showed zero progress, the panel reconvened and found gross misconduct, leading to dismissal. The tribunal noted that the claimant had previously agreed a settlement in principle but later rejected it without engagement.
What the trust did right
The trust's process was thorough: a proper investigation, a hearing that offered a second chance, and a final decision based on clear evidence of ongoing risk. The tribunal found that the decision fell within the range of reasonable responses, particularly given the patient safety context. The claimant's long service did not outweigh the risks.
What this means for similar cases
This case is a reminder that conduct and capability dismissals can be fair if the employer follows a reasonable process and gives the employee opportunities to improve. For employees, rejecting a settlement without good reason can be risky. For employers in healthcare, patient safety will almost always trump length of service when basic skills are lacking.
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