[Thanks to Louise Jones of Temple Garden Chambers for preparing this case summary]
In Crawford v Suffolk Mental Health Partnership NHS Trust, the employer referred a matter of alleged gross misconduct that arose out of the care given to a patient, to the Police. Describing this as "little short of astonishing", Elias LJ noted:
- Hospitals in this situation, although they must be seen to act transparently, owe duties to long-serving staff;
- Being under the cloud of possible criminal proceedings is a very heavy burden;
- Employers should not subject employees to that burden without the most careful consideration and a genuine and reasonable belief that the case, if established, might justify the epithet "criminal" being applied to the conduct.