Claimant won £17,267 awarded Employment Tribunal · 13 April 2023

House manager dismissed for giving tenant paracetamol and hot water bottle wins unfair dismissal claim

A house manager with four years' service was unfairly dismissed after giving a vulnerable tenant two paracetamol tablets and a hot water bottle. The tribunal awarded £17,266.74, finding the employer had no reasonable grounds to believe the actions were dangerous.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant gave a tenant two paracetamol tablets and a hot water bottle on 27 February 2022.
  • The claimant knew this breached the respondent's Professional Boundaries Policy.
  • The respondent dismissed the claimant for gross misconduct on 15 March 2022.
  • The tribunal found the respondent did not have reasonable grounds to believe the actions were dangerous.
  • The claimant had no prior disciplinary warnings.
  • The claimant did not appeal the dismissal.

Timeline

  1. Employment started

    Claimant began working as a House Manager for the respondent.

  2. Incident occurred

    Claimant gave a tenant two paracetamol tablets and a hot water bottle.

  3. Respondent notified

    Tenant's niece reported the incident to Ms Clarke.

  4. Suspension meeting

    Claimant was suspended pending investigation.

  5. Disciplinary hearing

    Claimant admitted giving paracetamol and hot water bottle.

  6. Dismissal

    Claimant was summarily dismissed for gross misconduct.

  7. New employment started

    Claimant began part-time nannying work.

  8. Tribunal hearing day 1

    First day of the employment tribunal hearing.

  9. Tribunal hearing day 2

    Second day of the employment tribunal hearing.

  10. Judgment issued

    Tribunal found unfair dismissal and awarded compensation.

The outcome

The tribunal found the dismissal unfair. The employer's belief that the claimant's actions were dangerous was not reasonable, and the decision to dismiss was outside the range of reasonable responses. The claimant had no prior disciplinary warnings and the employer failed to consider that the tenant was not harmed.

Compensation:

  • Basic award: £3,426
  • Compensatory award: £22,345.26
  • Reduction for contributory conduct: 33%
  • Total award: £17,266.74

Lessons & takeaways

  • Employers must have reasonable grounds for believing misconduct occurred — a genuine belief alone is not enough if it is not objectively reasonable.
  • A single minor breach of policy, without harm or prior warnings, is unlikely to justify summary dismissal for gross misconduct.
  • Employees who admit a policy breach may still succeed in an unfair dismissal claim if the employer's response was disproportionate.
  • Failing to appeal does not automatically bar a claim, but it may be considered in remedy if the ACAS Code applies.

A kindness that cost a job

A house manager with four years' service was dismissed for gross misconduct after giving a vulnerable tenant two paracetamol tablets and a hot water bottle. The employer, Jewish Blind and Physically Disabled Society, said this breached its Professional Boundaries Policy. But the tribunal found the dismissal was unfair — the employer had no reasonable grounds to believe the actions were dangerous, and the decision to dismiss was disproportionate.

The claimant admitted she knew the policy, but the tribunal noted there was no evidence the tenant was harmed, and the employer had not considered that the tenant had requested the paracetamol. The claimant had no prior disciplinary warnings, and the employer's investigation was flawed: it did not properly assess the level of risk.

What the employer could have done differently

The employer could have issued a final written warning instead of dismissing. It could have sought medical advice on the actual risk of two paracetamol tablets and a hot water bottle. It also could have considered the claimant's long service and clean record. The tribunal found that a reasonable employer would not have concluded that this single incident justified summary dismissal.

Why this matters

This case shows that even where an employee admits a policy breach, the employer must still act reasonably. The tribunal reduced the award by 33% because the claimant's conduct contributed to the dismissal, but the core finding — that the dismissal was unfair — stands. For employees, it demonstrates that a minor, well-intentioned act may not be enough to lose your job, especially if you have a good record and the employer overreacts.

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