Nurse dismissed for dragging patient by ankle: CCTV evidence upheld gross misconduct finding
A band 5 nurse with six years' unblemished service was fairly dismissed after CCTV showed her dragging a vulnerable patient with learning disabilities along the floor. The employment tribunal rejected her unfair and wrongful dismissal claims.
1 min read · Last updated 18 May 2026
Case details
- #patient-handling
- #cctv-evidence
- #learning-disability
- #seclusion
- #gross-misconduct
- #pbs-plan
Key facts
- The claimant was a band 5 registered nurse on an acute male mental health ward.
- On 13 November 2021, Patient A, a man with autism and learning difficulties, was placed in seclusion after being dragged by the claimant along the floor by his ankle.
- The claimant had an unblemished disciplinary record and was regarded as a caring and dedicated staff member.
- The respondent dismissed the claimant for gross misconduct after concluding her actions were a serious breach of patient handling policies.
- The tribunal found that the respondent had reasonable grounds to believe the claimant was guilty of misconduct and that dismissal fell within the band of reasonable responses.
- The claimant's claim for wrongful dismissal also failed as the tribunal found her actions amounted to a fundamental breach of contract.
Timeline
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Patient A admitted to Danby Ward
Patient A, an adult male with autism and learning difficulties, was admitted to the acute male mental health ward due to placement breakdown.
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Incident leading to seclusion
Patient A became agitated, was attacked by another patient, and then sat on the floor. The claimant, after a brief attempt at de-escalation, took hold of Patient A's ankle and dragged him along the floor to the seclusion room over approximately 25 seconds.
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Ward manager informed
Mr Brace, the ward manager, was told about the seclusion by the duty nurse coordinator, who described it as a difficult episode managed well.
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Claimant signed off work
The claimant contacted Mr Brace and said she was not fit to work due to work-related stress.
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Claimant requests investigation
The claimant messaged Mr Brace asking him to review CCTV footage and carry out an investigation into the incident.
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Mr Brace reviews CCTV
Mr Brace viewed the CCTV footage and was shocked by the dragging technique used. He reported it to senior management.
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Claimant placed on non-patient duties
Ms Scott held a video meeting with the claimant, informing her she was being placed on non-patient facing duties pending investigation.
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Investigation interview
Karen Harrison interviewed the claimant, who was upset and said she had no recollection of taking hold of the patient's leg.
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Investigation report completed
Ms Harrison produced a report finding that the claimant's actions were a breach of the respondent's physical restraint guidelines.
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Disciplinary hearing
A disciplinary hearing was held chaired by Chris Williams. The claimant was dismissed for gross misconduct.
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Appeal hearing
The appeal hearing was chaired by Mr Gardner. The appeal was dismissed on 31 October 2022.
The legal issue
The tribunal had to decide whether the nurse's dismissal for gross misconduct was unfair, focusing on whether the employer genuinely believed she was guilty of misconduct, had reasonable grounds for that belief, and whether dismissal was a reasonable response in all the circumstances.
The outcome
The tribunal dismissed the nurse's claims of unfair dismissal and wrongful dismissal.
The key reason was that the trust carried out a reasonable investigation, had reasonable grounds to believe the nurse had breached patient handling policies by dragging the patient by his ankle, and dismissal was within the range of reasonable responses for such a serious breach.
No compensation was awarded as the claims failed.
Lessons & takeaways
- CCTV evidence can be decisive in misconduct cases — employers are entitled to rely on clear footage even if the employee has no memory of the incident.
- An unblemished disciplinary record does not automatically prevent dismissal for a single act of gross misconduct if the act is serious enough.
- Employers should ensure they follow a fair process — investigation, disciplinary hearing, and appeal — to defend against unfair dismissal claims.
- Employees in healthcare roles must follow patient handling policies strictly; deviation can justify summary dismissal even for a first offence.
When a moment of poor judgment costs a career
The case shows how a single incident, captured on CCTV, can end a healthcare career even for a previously unblemished employee. The nurse, a band 5 registered nurse with six years' service, was regarded as caring and dedicated. But after she dragged a vulnerable patient with autism and learning difficulties along the floor by his ankle to a seclusion room, the trust had little choice but to investigate.
The tribunal accepted that the nurse had no recollection of taking hold of the patient's leg, and that she had been under stress. However, the CCTV footage was clear. The trust's policies on patient handling were explicit, and the nurse's actions — dragging a patient who had a mental age of 4½ years — were a serious breach.
What the trust did right
The trust followed a proper disciplinary process: an investigation, a disciplinary hearing chaired by a manager independent of the ward, and an appeal. The decision-maker considered the nurse's long service and good record but concluded that the misconduct was so serious that dismissal was the only appropriate outcome. The tribunal agreed that this fell within the band of reasonable responses.
What this means for similar claims
For employees, this case is a reminder that even a first offence can lead to dismissal if it involves a fundamental breach of safety or policy. For employers, it confirms that a fair process and clear evidence — especially CCTV — can successfully defend a misconduct dismissal. The nurse's claim for wrongful dismissal also failed because her actions amounted to a fundamental breach of contract, meaning she was not entitled to notice pay.
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