Lucy Hicks of JMW’s Business Crime and Regulation team and Colin Banham of No.5 Chambers successfully represented a police staff member who was subject to a Gross Misconduct investigation and hearing.

The allegations

The client’s employer had alleged that the client had breached the following Standards of Professional Behaviour:

1. Honesty and Integrity; and
2. Discreditable Conduct.

Namely, it was suggested that the client had undertaken physical activity that was inconsistent with the reasonable adjustments that were put in place by his employer.

It was suggested that the conduct was so serious that it could amount to Gross Misconduct and therefore the client’s dismissal from his job.

The client vehemently denied the allegations and noted that he had undertaken physical activity consistent with medical advice.

How JMW helped

Lucy Hicks obtained detailed instructions from the client and conducted a thorough review of his supporting paperwork and the misconduct papers. A medical expert was instructed to consider the client’s medical records and instructions and prepare a report which considered issues including but not limited to: whether the physical activity undertaken could have therapeutic effect, as well as an opinion on the physical health issues that the client was experiencing. The report was ultimately supportive of the client’s instructions.

Counsel, Colin Banham, was instructed to prepare lengthy legal submissions that were put before the panel in advance of the hearing. These provided various reasons as to why the case should be dismissed, including reference to the expert evidence.

Outcome

A hearing took place and the panel concluded that there was no case to answer / allegations not proven.