Dismissed for breaching Covid-19 protocols: care home's decision upheld as fair
A domestic assistant with 4 years' service was fairly dismissed after entering a care home without following infection control measures. The tribunal found the employer's belief in gross misconduct was reasonable and the process was within the range of reasonable responses.
1 min read · Last updated 18 May 2026
Case details
- #covid-protocol-breach
- #care-home
- #gross-misconduct
- #infection-control
- #range-of-reasonable-responses
Key facts
- The claimant was a Domestic Assistant at a care home from 23 March 2017.
- On 18 March 2021, the claimant entered the care home without following Covid-19 protocols (queueing for temperature check, wearing a mask).
- The respondent investigated and held a disciplinary hearing on 15 April 2021.
- The claimant admitted failing to follow infection control procedures and leaving chemicals unlocked.
- The respondent dismissed the claimant for gross misconduct, finding she did not understand the seriousness of her actions.
- The claimant appealed, but the appeal was dismissed.
Timeline
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Employment started
Claimant began working as a Domestic Assistant at the care home.
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Incident occurred
Claimant entered care home without following Covid-19 protocols; manager reported concerns to HR.
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Investigation began
HR adviser started disciplinary investigation; interviewed witnesses.
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Investigation meeting
Claimant attended investigation meeting; admitted not queueing for temperature check.
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Invitation to disciplinary hearing
Claimant invited to disciplinary hearing with evidence pack.
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Disciplinary hearing
Hearing chaired by Ms Revell-Hughes; claimant attended with daughter as translator.
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Dismissal confirmed
Claimant received dismissal letter; dismissed for gross misconduct.
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Appeal hearing
Appeal heard by Ms Short; claimant attended with daughter.
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Appeal dismissed
Claimant informed appeal was unsuccessful.
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Preliminary hearing
Race and age discrimination claims withdrawn; unfair dismissal claim to proceed.
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Final hearing (day 1)
Substantive hearing of unfair dismissal claim began.
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Final hearing (day 2)
Substantive hearing concluded.
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Judgment issued
Employment Judge Heath found dismissal fair; claim dismissed.
The legal issue
The tribunal had to decide whether the care home acted reasonably in dismissing a domestic assistant for conduct relating to breach of Covid-19 protocols, insubordination, and failure to follow management instructions.
The outcome
The tribunal dismissed the claim of unfair dismissal, ruling that the employer acted reasonably.
The key reasons were:
- The employer genuinely believed the claimant had committed gross misconduct by breaching infection control procedures.
- There were reasonable grounds for that belief, based on the claimant's own admissions and witness evidence.
- The investigation and disciplinary process were reasonable, including an appeal.
- Dismissal was within the range of reasonable responses for a care home during a pandemic.
No compensation was awarded as the claim failed.
Lessons & takeaways
- Employers in care settings can treat serious breaches of infection control as gross misconduct, especially during a pandemic.
- An employee's admission of misconduct can support a fair dismissal, provided the employer conducts a reasonable investigation.
- A fair disciplinary process includes a proper investigation, a hearing, and an appeal, even if the employee admits the conduct.
- The tribunal will consider the context of the employer's business (e.g., vulnerable residents) when assessing the reasonableness of dismissal.
What this case shows in practice
A domestic assistant with four years' service at a care home was dismissed after she entered the home without following Covid-19 protocols, including queueing for a temperature check and wearing a mask. She also admitted to leaving chemicals unlocked. The employer, Sussex Health Care Limited, concluded that she did not understand the seriousness of her actions and dismissed her for gross misconduct.
The tribunal upheld the dismissal, finding that the employer had a genuine belief in the misconduct, reasonable grounds for that belief, and had carried out a reasonable investigation. The disciplinary hearing and appeal were properly conducted, and the decision to dismiss was within the range of reasonable responses for a care home during a pandemic.
What the losing side could have done differently
The claimant represented herself and argued that the dismissal was unfair. However, her admissions and the seriousness of the breach in a care home setting made it difficult to challenge the employer's decision. A more robust defence might have focused on the proportionality of dismissal compared to other sanctions, but the tribunal was satisfied that the employer's process was fair.
Why the result matters for similar claims
This case reinforces that employers in care environments can treat breaches of infection control as gross misconduct, particularly when vulnerable residents are at risk. The tribunal will not substitute its own judgment for that of the employer, as long as the employer's decision was within the range of reasonable responses. Employees in similar roles should be aware that failing to follow safety protocols can lead to dismissal, even if they have several years of service.
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