Midwife dismissed for physically assaulting colleague: conduct dismissal upheld

This case shows that even a long-serving employee can be fairly dismissed for a single incident of physical assault, provided the employer carries out a proper investigation and genuinely believes the misconduct occurred. The midwife, who had nine years' service, was dismissed after an incident in which she was alleged to have held a colleague's wrist. The tribunal accepted that the trust's investigation was reasonable and that the decision-maker genuinely believed the assault had happened.

What could have been done differently?

The claimant argued that the investigation was flawed and that she had been treated unfairly because of her race. However, the tribunal found no evidence of racial bias. The trust followed its disciplinary procedure, gave the claimant an opportunity to respond, and considered her appeal. The key lesson for employers is that a thorough investigation and a clear rationale for the decision can withstand scrutiny, even when the employee disputes the facts.

Why this result matters

For employees, this case highlights the high bar for proving unfair dismissal in conduct cases. The tribunal does not substitute its own view for the employer's; it asks whether the employer acted within the 'range of reasonable responses'. Here, the trust's decision was considered reasonable given the nature of the allegation in a healthcare setting. The case also underscores that race discrimination and victimisation claims require solid evidence linking the treatment to the protected characteristic—mere suspicion or a feeling of unfairness is not enough.