Healthcare assistant dismissed for slapping colleague: conduct dismissal upheld

What this case shows in practice

This case highlights how a single act of physical contact, even when described by the employee as a 'light tap' or a joke, can lead to dismissal if it is unwanted and violates workplace policies. The claimant, a healthcare assistant with six years of service, slapped a female nursing assistant on the cheek during a handover to get her attention. The slap was witnessed by a patient, who reported it. Crucially, the claimant had slapped the same colleague in a canteen two days earlier and been told to stop. The trust's values, which emphasise dignity and respect, were central to the decision to dismiss.

What the trust did right

The trust followed a thorough process: it investigated promptly, obtained witness accounts, gave the claimant opportunities to explain, and held a disciplinary hearing. The dismissing officer considered the previous incident and the claimant's lack of insight—he maintained it was a joke and did not appreciate the impact on the colleague. The appeal was also properly considered. The tribunal found that the trust's belief in the misconduct was reasonable and that dismissal was within the range of reasonable responses.

Why the result matters

For employees, this case is a reminder that physical contact in the workplace, even if intended as harmless banter, can have serious consequences if it is unwelcome. For employers, it shows that a fair process combined with a clear policy on conduct can justify dismissal even for a single incident, particularly where there is a prior warning and the employee shows no remorse. The tribunal's decision underscores that in healthcare settings, where trust and dignity are paramount, such behaviour is unlikely to be tolerated.