Personal Adviser dismissed for working during carers leave: unfair dismissal claim succeeds
A Personal Adviser with 8 years' service was unfairly dismissed after the DWP investigated her LinkedIn profile and found she had been working without permission during carers leave. The tribunal awarded £2,263.52.
1 min read · Last updated 18 May 2026
Case details
- #carers-leave
- #unauthorised-work
- #disability-discrimination
- #reasonable-adjustments
- #acas-code
Key facts
- The claimant was employed as a Personal Adviser from 1 April 2009 to 16 August 2017.
- She was dismissed for gross misconduct for working without permission during carers leave.
- The tribunal found the dismissal procedurally and substantively unfair.
- The claimant's disability discrimination claims were dismissed.
- The claimant was awarded £2,263.52 in compensation for unfair dismissal.
Timeline
-
Employment started
Claimant began working for the respondent as a Work Coach, later Personal Adviser.
-
Carers leave started
Claimant commenced carers leave to support her daughter and grandmother.
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Carers leave ended
Claimant was due to return to work but did not do so.
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Investigation started
Respondent began investigating claimant's outside work after viewing her LinkedIn profile.
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Disciplinary hearing invited
Claimant was invited to a disciplinary decision meeting.
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Dismissal
Claimant was dismissed for gross misconduct for working without permission during carers leave.
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Appeal hearing
Appeal against dismissal was heard and rejected.
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Liability judgment
Tribunal found unfair dismissal and wrongful dismissal claims well-founded; disability discrimination claims dismissed.
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Remedy hearing
Tribunal awarded £2,263.52 for unfair dismissal; no damages for wrongful dismissal.
The legal issue
The tribunal had to decide whether the claimant's dismissal for gross misconduct (working without permission during carers leave) was fair, and whether the respondent discriminated against her due to her disability.
The outcome
The tribunal found the dismissal unfair and wrongful. The key reasons were that the employer did not follow a fair process and the decision to dismiss was outside the range of reasonable responses.
Compensation:
- Basic award: £1,763.52
- Compensatory award: £500.00
- Total: £2,263.52
- Contributory conduct reduction: 25%
Lessons & takeaways
- Employers should investigate thoroughly and consider an employee's explanation before dismissing for gross misconduct.
- Carers leave does not automatically prohibit all outside work; each case depends on the specific terms of the leave.
- A LinkedIn profile alone may not be sufficient evidence of misconduct without further investigation.
- Employees on carers leave should clarify with their employer any restrictions on outside work.
What this case shows in practice
A Personal Adviser with 8 years' service was dismissed after the Department for Work & Pensions investigated her LinkedIn profile and concluded she had been working without permission during carers leave. The tribunal found the dismissal unfair because the employer had not properly considered her explanation that the work was minimal and undertaken to support her family.
What the DWP could have done differently
The employer could have conducted a more thorough investigation, including speaking to the claimant about the LinkedIn entries and considering the context of her caring responsibilities. A fair process would have given her a chance to respond to the allegations before a decision was made.
Why the result matters
This case highlights that even when an employee is on carers leave, a dismissal for working without permission must be handled fairly. The tribunal's decision shows that employers cannot rely on limited evidence without giving the employee a proper opportunity to explain. The reduction for contributory conduct reflects that the claimant did work without permission, but the core unfairness lay in the employer's failure to follow a fair process.
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