Hospital lighting failures lead to fair dismissal for electrical operations manager

When hospital safety fails, responsibility can rest with management

This case highlights the heavy responsibility placed on managers in safety-critical environments. The claimant was an Electrical Operations Manager and later Projects Manager at Sodexo, responsible for hospital electrical assets including emergency lighting. When a subcontractor reported a loss of power to lighting in surgical areas, an investigation uncovered systemic failings: maintenance schedules had not been followed, and record-keeping was poor. The NHS Trust issued a formal contract failure notice.

Sodexo's investigation concluded that the claimant bore some responsibility for these failings. At a disciplinary hearing, he did not accept responsibility, and he was dismissed for conduct. The tribunal found that Sodexo had reasonable grounds for its belief and had carried out a reasonable investigation. The dismissal was within the range of reasonable responses, even though the claimant had four years' service and a disability.

What could have been done differently?

The claimant argued that the investigation was flawed because the investigator had a conflict of interest and that the outcome was predetermined. However, the tribunal found no evidence of bias or predetermination. The claimant also argued that his disability (scleroderma and Raynaud's) should have protected him. But the tribunal found no link between his disability and the dismissal. The welfare meeting where he was asked 'is it worth it?' was not harassment; it was a genuine enquiry about his health.

For employers, the case confirms that a thorough investigation and a genuine belief in misconduct can justify dismissal, even in sensitive circumstances. For employees, it shows that having a disability does not automatically shield you from dismissal if the reason is conduct and the employer acts reasonably.