United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR A FALUYI (of Counsel) Instructed by: Tayo Arowojolu Solicitors Helen House 214-218 High Road South Tottenham London N15 4NP


 


JUDGE D WILCOX:

1. The Appellant Mrs Juliette Olakotan was employed by the Respondent Doctor's practice. Suffice it to say that there were complaints made before the Tribunal relating to her absenteeism, so alleged to her hygiene and to other matters. But the principle matter that seems to have affected the mind of the employer, according to the finding of the Doctor employer was the fact that there was some deceit or 'pulling the wool over the eyes' of the Doctor employer in relation to her competence in following a qualification of degree course as a Practice Nurse. We accept the submission that this is a misconduct case and that, of course there should be care in finding facts relating to the misconduct.
2. It is clear that the Doctor, upon what he regarded as the 'final deceit' placed great weight. Looking however at the reasoning and in particular in paragraph 9 of the decision, we find that we are in doubt as to what facts and matters were found by the Tribunal, in addition to the deceit that they find was practised, in relation to the degree course. We think this is a proper matter therefore to go a full Tribunal hearing.
3. Insofar as there are complaints about the procedure, we do not think there are any valid complaint that could be sustained on appeal in relation to that. Therefore, it goes to the full hearing upon the limited basis of what I call the 'merits appeal.' It will last ½ a day, category C and a chronology please to be provided in addition. To that extent therefore, we give leave.