Care assistant unfairly dismissed after flawed investigation into resident incidents
A care assistant with two years' service was unfairly dismissed for alleged gross misconduct after a flawed investigation. The tribunal awarded £27,316, including a 25% ACAS uplift for the employer's failure to follow the ACAS Code.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #inadequate-investigation
- #acas-code-uplift
- #failure-to-provide-interpreter
- #delay-in-appeal
- #police-investigation
Key facts
- The claimant was a care assistant at a care home and was summarily dismissed for alleged gross misconduct.
- The dismissal was based on allegations that he pushed a resident causing injury and failed to properly care for another resident.
- The employer's investigation was flawed: it failed to interview key witnesses, did not provide clear allegations to the claimant, and delayed the appeal process.
- The claimant had a relationship with a colleague who made the main allegation against him, which was not properly investigated.
- The appeal hearing considered a new allegation not previously raised, and the claimant was not given a fair opportunity to respond.
- The tribunal found the dismissal unfair and wrongful, and awarded compensation including a 25% ACAS uplift.
Timeline
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Employment commenced
Claimant started work as a Care Assistant at Gracewell Care Home.
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Incident with resident CM
During a shift, resident CM became aggressive, hit and scratched the claimant, then fell and fractured her wrist. The claimant completed a contemporaneous note.
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Incidents with residents DB and LB
On the night shift, residents DB and LB reported being hurt or distressed. DB had bruising and said two men hit her; LB said she was afraid of carers.
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Allegation by colleague Mrs Vienna
Mrs Vienna alleged that the claimant pushed CM, causing her fall. A statement was taken but later lost.
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Police investigation commenced
Police began investigating the allegation against the claimant and asked the employer to pause internal procedures.
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Police allowed internal investigation to resume
Police confirmed the employer could resume its internal investigation.
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Investigation meeting with claimant
Mrs Webster interviewed the claimant about the incidents. The claimant gave explanations and denied wrongdoing.
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Disciplinary hearing and dismissal
Mr Garston held a disciplinary hearing and summarily dismissed the claimant for gross misconduct, finding he pushed CM and failed to properly care for DB.
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Appeal hearing (re-hearing) without claimant
Mrs Hopkins held a re-hearing in the claimant's absence, considered a new allegation, and upheld the dismissal.
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Remedy hearing
The tribunal awarded damages for wrongful dismissal and compensation for unfair dismissal, including a 25% ACAS uplift.
The legal issue
The tribunal had to decide whether the employer had reasonable grounds for its belief in misconduct after a reasonable investigation, and whether the dismissal fell within the range of reasonable responses for a conduct dismissal.
The outcome
The tribunal unanimously found that the care assistant was unfairly dismissed and wrongfully dismissed.
Key reasons:
- The investigation was inadequate: it failed to interview key witnesses, including the colleague who made the main allegation.
- The disciplinary hearing did not provide the claimant with clear allegations beforehand.
- The appeal hearing considered a new allegation not previously raised, and the claimant was not given a fair opportunity to respond.
- The employer delayed the appeal process significantly (over a year), and the appeal was conducted in the claimant's absence.
Compensation:
- Basic award: £1,614
- Compensatory award: £21,453
- ACAS uplift (25%): applied to compensatory award
- Total: £27,316.25
Lessons & takeaways
- Employers must conduct a thorough investigation, including interviewing all relevant witnesses, before dismissing for gross misconduct.
- Failing to provide an employee with clear details of the allegations before a disciplinary hearing can render the dismissal unfair.
- Appeal hearings must be fair and cannot introduce new allegations without giving the employee a proper chance to respond.
- Significant delays in the appeal process can be a factor in finding a dismissal unfair.
- Failure to follow the ACAS Code of Practice can result in an uplift of up to 25% on compensation.
This case shows how a flawed investigation and procedural failures can turn a potentially fair dismissal into an unfair one. The care assistant was accused of pushing a resident and failing to properly care for another, but the employer's investigation fell well short of what is expected.
What went wrong
The employer failed to interview a key witness — the colleague who made the main allegation — and did not provide the claimant with clear written allegations before the disciplinary hearing. The appeal process was even more problematic: it was delayed by over a year, the appeal officer considered a new allegation that had not been raised before, and the hearing went ahead in the claimant's absence.
What the employer could have done differently
A reasonable investigation would have included interviewing all relevant staff, obtaining and preserving witness statements, and giving the claimant a fair chance to respond to the specific allegations. The appeal should have been conducted promptly and fairly, without introducing new matters.
Why this matters
For employees in similar roles, this case reinforces that even in care settings where residents are vulnerable, employers must follow proper procedures. The ACAS uplift of 25% sends a clear message that ignoring the ACAS Code can be costly. The total award of over £27,000 reflects the serious consequences of a fundamentally flawed process.
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