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Mental Nurse in Negligent Employment Dispute

Cathryn Selby acted for Mr Durah in pursing his solicitors for negligence in the handling of his employment dispute.

Mr Durah qualified as a mental nurse in September 2001 and began working for East London and the City Mental Health NHS Trust on 13 May 2002. During one particular shift Mr Durah and two other members of staff were required to restrain a patient. Following the incident the two other members of staff involved lodged a formal complaint against Mr Durah alleging that he had used unreasonable force. Despite discrepancies in the evidence and the fact that no questions were asked of the patient and no injuries being reported, Mr Durah was dismissed.

Following his dismissal, Mr Durah tried to obtain full-time work in an equivalent position but has been unable to do so despite being cleared of all charges by the Nursing and Midwifery Council.

Mr Durah instructed Greenlands solicitors to bring a claim for unfair dismissal at the Employment Tribunal. Unfortunately he lost his claim but Greenlands considered there to be a good chance of Mr Durah appealing this decision Unfortunately Greenlands missed the limitation date for lodging the appeal with the Employment Appeal Tribunal.

Cathryn successfully negotiated for the client the sum of £20,000 plus payment of his legal costs. This money represented Mr Durah’s lost opportunity to negotiate a settlement with the NHS Trust and to obtain a reference which would have enabled him to obtain employment. Mr Durah is delighted with the result.

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