Bowater v Northwest London Hospitals NHS Trust

Bowater v Northwest London Hospitals NHS Trust
Court	Court of Appeal of England and Wales
Citation	[2011] EWCA Civ 63
Keywords
Unfair dismissal

Bowater v Northwest London Hospitals NHS Trust [2011] EWCA Civ 63 is a UK labour law case, concerning unfair dismissal.

Facts

An employer argued a nurse who, while physically restraining a naked patient, said “It's been a few months since I have been in this position with a man underneath me” was lewd and deserved dismissal for her misconduct. The Tribunal said the dismissal was unfair.

Judgment

The Court of Appeal held the Tribunal had competently exercised its discretion in granting the unfair dismissal claim.