![[2025] UKUT 321 (AAC)](https://backend.juristeca.com/files/emisores/logo_3a2BKne.png){kind=logo}
Disciplinary Meeting 17 February 2023
Disciplinary Meeting 17 February 2023
On 17 February 2023 a further meeting was arranged. The manager, C, was with a gentleman and MOO had her union representative with her. It was a disciplinary meeting.
The subsequent Outcome Letter sent to MOO does not appear to have been made available to the DBS. The DBS did not produce it for inclusion in their bundle but it was made available by the Appellant and was served in the latest bundle [176-177].
The outcome of the meeting was MOO’s summary dismissal from 1 March 2023. MOO was told she could appeal.
- Heading
- The decision of the Upper Tribunal is that the Appellant’s appeal against the decision of the DBS dated 13 February 2024 is dismissed. There was no mistake of fact nor law in the decision to include h
- Introduction
- Factual background
- Undisputed Chronology
- The incident on 5 February 2023
- Investigatory meeting
- Disciplinary Meeting 17 February 2023
- The Internal Appeal – 27 March 2023
- The DBS Decision
- The Appeal to the UT and grounds on which permission was granted
- Legal framework
- a. “on any point of law” (section 4(2)(a) of the Act)
- Relevant general tests/principles
- Mistakes of fact and the UT’s fact finding jurisdiction
- Assessment of risk
- The grounds of appeal and the Appellant’s submissions
- Barring Decision Process – unreasonableness and disproportionality
- Mistake of law – procedural fairness
- Mistake of fact
- Facts Found
- Appellant’s evidence
- LR’s evidence
- Voice note of team leader Z
- Findings of fact
- Discussion and Analysis
- Other errors of law
- Irrationality
- Proportionality
- Mitigating
- Aggravating
- Conclusions