Care home manager dismissed for disability-related needs wins £100,000

A dismissal that was really about disability

This case shows how a seemingly straightforward misconduct dismissal can unravel when the real reason is something else. The claimant, a registered manager with seven years' service at a care home, had suffered a stroke and had several long-term health conditions. She asked to work a four-day week as a reasonable adjustment. The employer agreed to a trial, but within weeks she was suspended and then dismissed for gross misconduct over a single incident: placing a pressure mattress on a resident's bed without a written risk assessment.

The tribunal looked behind the employer's stated reason and found that the real motivation was the claimant's disability and her request for flexible working. The investigation was flawed, the decision-maker had already formed a view, and the employer ignored the fact that the incident was minor and had no adverse consequences. The dismissal was both unfair and an act of disability discrimination.

What the employer could have done differently

A fair process would have recognised the claimant's long service, her previously unblemished record, and the context of her health needs. Instead of rushing to dismiss, the employer could have conducted a proper investigation, considered the mattress incident in proportion, and continued the trial of the four-day week. The tribunal noted that the employer's approach was predetermined and that the appeal was a sham.

Why this matters

For employees, this case is a reminder that a dismissal for 'gross misconduct' can be challenged if the real reason is discriminatory. The compensation of over £100,000 reflects not just financial loss but also injury to feelings and the employer's unreasonable conduct. For employers, it is a warning that using a minor incident to get rid of a disabled employee who has asked for adjustments is likely to backfire badly.