A nurse who was dismissed after she made a lewd comment whilst restraining a patient has won hercase in an Employment Appeal Tribunal.
In Bowater v NW London Hospitals NHS Trust, the nurse was sitting astride a patient who was having a fit and jokingly said “it’s been a few months since I was in this position”. Despite the fact that only her colleagues heard the comment, she was dismissed on the grounds of gross misconduct. The case highlights that it is crucial to take all the circumstances into account prior to a dismissal. In this case, the tribunal took her unblemished record and the fact that no member of the public heard her comments into account.
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