Dismissed for gross misconduct after a flawed investigation: race claims fail but contract breach upheld
A care home assistant was unfairly dismissed after an inadequate investigation into allegations of misconduct. The tribunal dismissed her race discrimination claims but upheld a complaint about missing written employment particulars.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed for gross misconduct after an investigatory meeting without a disciplinary hearing.
- The claimant was not provided with a written contract of employment.
- The tribunal found the investigation was inadequate but that race played no part in the decision.
- The claimant's claim for direct race discrimination and harassment was dismissed.
- The claim for failure to provide a written statement of particulars was upheld.
Timeline
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Claimant started employment
Claimant began working as a Health Care Assistant at Brooklands Care Home.
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Alleged incident
Ms Walker alleged that the claimant called a resident an offensive name and rushed residents.
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Complaint reported
Ms Nair informed Ms Crane of Ms Walker's complaint.
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Written statement from Ms Walker
Ms Crane received a handwritten statement from Ms Walker detailing the allegations.
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Investigation meeting invitation
Ms Crane invited the claimant to an investigatory meeting regarding alleged inappropriate conduct.
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Text message sent
The claimant sent an inappropriate text to Ms Walker, which was later referred to Ms Crane.
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Investigation meeting and dismissal
The claimant attended an investigatory meeting and was summarily dismissed for gross misconduct.
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DBS referral
Ms Crane submitted a DBS referral regarding the claimant.
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Claimant's appeal letter
The claimant raised a late complaint/appeal with Mr Nair.
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Appeal hearing
An appeal hearing was conducted by Peninsula; the dismissal was upheld.
The legal issue
The tribunal had to decide whether the claimant was subjected to direct race discrimination and harassment related to race, and whether the respondent failed to provide a written statement of employment particulars.
The outcome
The tribunal dismissed the claims of direct race discrimination and harassment, finding that the treatment was not because of race. However, it upheld the claim that the respondent failed to provide a written statement of employment particulars.
- Direct race discrimination: not well founded, dismissed.
- Harassment related to race: not well founded, dismissed.
- Failure to provide written statement of particulars: well founded.
Lessons & takeaways
- Employers must conduct a thorough investigation before dismissing for gross misconduct, including giving the employee a chance to respond at a disciplinary hearing.
- A failure to provide a written contract or statement of particulars is a breach of employment law and can be challenged at tribunal.
- Race discrimination claims require evidence that the treatment was because of race; poor procedures alone do not prove discrimination.
A flawed process, but not discrimination
This case highlights the difference between a procedurally flawed dismissal and one that is discriminatory. The claimant, a Health Care Assistant working night shifts at Brooklands Care Home, was dismissed for gross misconduct after an investigatory meeting. The tribunal found the investigation was inadequate—there was no separate disciplinary hearing, and the decision was based on limited evidence. However, the tribunal concluded that race played no part in the decision, dismissing the claims of direct race discrimination and harassment.
What went wrong
The respondent relied on a complaint from a colleague, Ms Walker, who alleged the claimant called a resident an offensive name and rushed residents. The claimant was invited to an investigatory meeting, but that meeting was used as the basis for summary dismissal. There was no opportunity for the claimant to present her case at a formal disciplinary hearing. The tribunal noted that this fell short of a fair procedure.
The outcome and its significance
The tribunal upheld the claim that the respondent failed to provide a written statement of employment particulars, a basic legal requirement. While the discrimination claims failed, the case serves as a reminder that employers must follow proper disciplinary processes. For employees, it shows that a flawed procedure does not automatically mean discrimination—but it can still form the basis of an unfair dismissal claim (though that was not part of this judgment). The case also underscores the importance of keeping written records of employment terms from day one.
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