Deputy manager dismissed over CQC failings: unfair dismissal but 20% contributory fault

A flawed investigation led to unfair dismissal

This case shows how a care home's rush to blame a deputy manager for systemic failures led to an unfair dismissal. The deputy manager had worked for Paramount Care for five years when a CQC report identified serious issues at the home where she was based. Instead of looking at the wider context — including management failures and staffing problems — the employer focused on the deputy manager's record-keeping and dismissed her for gross misconduct.

The tribunal found that while the employer had a genuine belief in misconduct, the investigation was not reasonable. The dismissing manager relied heavily on the CQC report without properly considering the deputy manager's explanations or the fact that she had raised concerns about the home's problems herself. A fair investigation would have looked at whether the failures were truly her fault or part of wider organisational issues.

What the employer could have done differently

Paramount Care could have avoided this outcome by conducting a more balanced investigation. They should have interviewed the deputy manager properly, considered her long service and clean disciplinary record, and looked at whether the CQC failings were caused by systemic issues rather than individual misconduct. The late production of witness statements also damaged their case.

Why this matters for similar claims

This case is a reminder that employers cannot simply point to a regulatory report as grounds for dismissal without a fair process. Employees with long service are entitled to expect a thorough investigation. However, the 20% reduction for contributory fault shows that employees must also take responsibility for their own record-keeping and conduct. The dismissal of the disability discrimination claims also highlights the difficulty of proving that an employer's actions were motivated by disability rather than performance concerns.