Support worker with 16 years' service dismissed for failing to report coffee spill: dismissal fair
A support worker with a clean record was fairly dismissed for failing to document a resident's coffee burn, the Leeds Employment Tribunal has ruled. The tribunal rejected claims of race discrimination and victimisation linked to a 2015 claim.
1 min read · Last updated 19 May 2026
Case details
- #support-worker
- #learning-disability-care
- #failure-to-document
- #long-service
- #clean-record
- #race-discrimination-allegation
- #victimisation-allegation
Key facts
- The claimant was employed as a support worker from 2007 until dismissal in February 2022.
- A resident sustained a coffee burn while with the claimant in October 2021; the claimant did not document the incident.
- The respondent investigated and dismissed the claimant for gross misconduct due to failure to record the incident.
- The claimant had a clean disciplinary record and 14-16 years of service.
- The claimant alleged race discrimination and victimisation based on a previous 2015 claim.
- The tribunal found the dismissal was within the range of reasonable responses and not discriminatory.
Timeline
-
Coffee spill incident
A resident spilt hot coffee on himself while with the claimant. The claimant applied first aid but did not document the incident.
-
GP reports burn
The resident's GP reported a burn on the resident's chest to the temporary manager, prompting an investigation.
-
First investigation interview
Mr Lakeland interviewed the claimant, who said the incident happened 'last month' and that he had told the deputy manager.
-
Further interviews
Mr Lakeland interviewed the senior support worker, the resident, his mother, and another support worker (SW).
-
Investigation report completed
Mr Lakeland concluded the claimant had failed to record and escalate the incident, recommending disciplinary action.
-
Claimant suspended
The claimant was suspended by the deputy manager pending disciplinary proceedings.
-
Dismissal
Mr Bratchley-Clark dismissed the claimant for gross misconduct due to failure to record the incident.
-
Appeal hearing
Mr Donovan heard the claimant's appeal, interviewing additional witnesses.
-
Appeal dismissed
Mr Donovan upheld the dismissal, finding the claimant had failed to safeguard the resident.
-
Claim presented
The claimant presented his claim to the Employment Tribunal.
The legal issue
The tribunal had to decide whether the claimant was unfairly dismissed for conduct, and whether the respondent directly discriminated against him because of race or victimised him for a previous employment tribunal claim.
The outcome
The tribunal dismissed all claims. It found that the respondent's reason for dismissal was conduct – specifically, the claimant's failure to record and escalate an incident where a resident spilt hot coffee on himself. The investigation was reasonable, and dismissal was within the range of reasonable responses for a support worker in a care home.
The tribunal also rejected the claimant's allegations of race discrimination and victimisation. It found no evidence that the claimant was treated less favourably than a hypothetical white comparator or that the dismissal was because of his race or his previous 2015 claim.
No compensation was awarded as the claims were dismissed.
Lessons & takeaways
- Care workers must document all incidents involving residents, even minor ones, as failure to do so can be treated as gross misconduct.
- Long service and a clean disciplinary record do not automatically make a dismissal unfair if the employer has a genuine belief in misconduct and conducts a reasonable investigation.
- Allegations of discrimination or victimisation need clear evidence of less favourable treatment linked to a protected characteristic or protected act – a previous claim alone is not enough.
- Employers should ensure that disciplinary investigations are thorough and that the decision to dismiss is within the range of reasonable responses, particularly in regulated care settings.
A failure to document that cost a job
The case highlights the critical importance of incident reporting in care settings. The claimant, a support worker with 16 years of service and a clean disciplinary record, was dismissed after failing to document that a resident had spilt hot coffee on himself. The resident's GP later reported the burn, triggering an investigation that led to the dismissal for gross misconduct.
The tribunal accepted that the respondent genuinely believed the claimant had committed misconduct and that the investigation was reasonable. The claimant argued that he had told a deputy manager about the incident, but the tribunal found that the respondent was entitled to conclude that he had not properly escalated it. The dismissal was within the range of reasonable responses, especially given the safeguarding obligations in a care home.
Discrimination and victimisation claims rejected
The claimant also alleged that the dismissal was an act of race discrimination and victimisation, linked to a previous tribunal claim he had brought against the same employer in 2015. The tribunal found no evidence to support these claims. The decision to dismiss was based on the incident itself, not on the claimant's race or his previous protected act. The comparator relied on – another support worker who had seen a scald but not reported it – was not in materially similar circumstances, as that worker had not been the one involved in the incident.
What this means for similar cases
This case serves as a reminder that employers in regulated sectors can fairly dismiss for failure to follow procedures, even when the employee has long service and a good record. The key is a genuine belief in misconduct, reasonable grounds, and a fair process. For employees, it underscores the importance of documenting all incidents, no matter how minor, and of ensuring that any concerns about discrimination are supported by clear evidence of less favourable treatment.
Similar cases
Mailman with 32 years' service unfairly dismissed over duplicate barcode incident
A mailman with 32 years of unblemished service was unfairly dismissed by Royal Mail after a customer complaint about a duplicate barcode. The tribunal found the investigation and disciplinary process flawed, and reduced compensation by 20% for his own conduct.
Residential Support Worker dismissed after Covid protocol breach: unfair dismissal claims fail but contract claim succeeds
A tribunal dismissed claims of automatic unfair dismissal, pregnancy discrimination, race discrimination and victimisation brought by a Residential Support Worker who was dismissed after breaching Covid protocols. The employer was ordered to pay £1,355.65 for giving only one week's notice instead of four.
17-year employee dismissed over bizarre text messages: tribunal finds unfair dismissal
A supermarket assistant with 17 years' service was unfairly dismissed after sending bizarre text messages to his manager. The tribunal awarded £33,232.48, finding the employer's investigation was inadequate.
Trade promoter with 20 years' service unfairly dismissed but denied compensation over secret commission
The tribunal found the dismissal was procedurally unfair, but refused to award any compensation because after-dismissed evidence showed the employee had sought a secret commission from a customer.