Senior carer sacked after raising resident safety concerns: automatic unfair dismissal
A senior night carer was automatically unfairly dismissed after raising concerns about resident neglect and safety at a care home. The tribunal awarded £24,594 in compensation.
1 min read · Last updated 18 May 2026
Case details
- #public-interest-disclosure
- #care-home
- #senior-carer
- #gross-misconduct-allegation
- #acas-code-uplift
- #polkey-no-deduction
- #contributory-fault-none
Key facts
- The claimant was employed as a Senior Night Carer from 19 February 2019 until dismissal on 15 May 2020.
- She raised multiple concerns about resident care and safety between December 2019 and April 2020.
- The respondent did not properly investigate her December 2019 complaints.
- The claimant was dismissed after the respondent discovered private Facebook messages and photos of residents.
- The tribunal found the principal reason for dismissal was the protected disclosures, not the Facebook messages.
- The claimant was awarded a total of £24,594.11 including basic award, compensatory award, and ACAS uplift.
Timeline
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Employment started
Claimant commenced employment as a Senior Night Carer at the respondent's care home.
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First concerns raised
Claimant raised concerns about poor care and neglect of residents, providing photographs to management.
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Complaint form completed
Regional Manager Lisa Charlesworth completed a complaints form, but no proper investigation followed.
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New manager appointed
Louise Chard became acting manager after Samantha Smith's terminal cancer diagnosis.
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Ongoing concerns raised
Claimant continued to raise concerns about resident care and COVID-19 risks to Louise Chard.
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Disciplinary meeting
Claimant attended a meeting with Michelle Harwood regarding colleague complaints; she raised that it was retaliation for her disclosures.
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Dismissal
Claimant was dismissed with immediate effect for gross misconduct based on Facebook messages and photos.
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Appeal hearing
Appeal heard by Lisa Culey; dismissal upheld.
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Liability judgment
Tribunal found automatic unfair dismissal and breach of contract.
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Remedy hearing
Tribunal awarded compensation including basic award, compensatory award, and ACAS uplift.
The legal issue
The tribunal had to decide whether the claimant's dismissal was automatically unfair because the real reason was her making protected disclosures about resident care, and whether she was wrongfully dismissed without notice.
The outcome
The tribunal found that the claimant was automatically unfairly dismissed under section 103A of the Employment Rights Act 1996 because the principal reason for her dismissal was her protected disclosures about resident care and safety. The employer's stated reason of gross misconduct (posting Facebook messages and photos of residents) was not the real reason.
Compensation awarded:
- Basic award: £704.41
- Compensatory award: £22,970.11
- Total: £24,594.11 (including ACAS uplift for failure to follow the statutory dismissal procedure)
Lessons & takeaways
- If you raise genuine concerns about patient or resident safety, you are protected from dismissal – even if your employer tries to find another reason to sack you.
- Employers must properly investigate whistleblowing complaints; ignoring them can be evidence that the dismissal was motivated by the disclosures.
- The ACAS Code of Practice on disciplinary procedures applies to all dismissals; failing to follow it can lead to an uplift in compensation of up to 25%.
- Even a short service employee (1 year 3 months) can bring an automatic unfair dismissal claim if the reason is whistleblowing – no qualifying period applies.
A carer who spoke up
A senior night carer at a care home repeatedly raised concerns about the standard of care residents were receiving. She reported poor care, neglect, and risks to health and safety – including during the early stages of the COVID-19 pandemic. Her employer, Zion Care (St Albans) Limited, did not properly investigate her complaints. Instead, after she was accused of posting photos of residents on Facebook, she was dismissed for gross misconduct.
The tribunal found that the real reason for her dismissal was not the Facebook posts but the protected disclosures she had made. This made the dismissal automatically unfair under whistleblowing law. The employer had failed to follow a fair process and had not given her notice, leading to a successful wrongful dismissal claim as well.
What the employer could have done differently
The care home could have taken the claimant's concerns seriously from the start. A proper investigation into her December 2019 complaints might have resolved the issues and avoided the breakdown in trust. When the Facebook issue arose, a fair disciplinary process – including considering whether dismissal was proportionate – could have prevented the finding of unfairness. The employer also failed to follow the ACAS Code, which added to the compensation.
Why this matters
This case is a reminder that whistleblowing protections are strong. Employees who raise genuine concerns about public safety – especially in care settings – cannot be dismissed for doing so. Employers cannot hide behind a different reason if the real motive was retaliation for speaking up. The award of over £24,000 reflects the seriousness of the breach, including an uplift for the employer's failure to follow proper procedures.
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