Respondent won Employment Tribunal · 14 February 2023

20-year support worker dismissed for introducing vulnerable patient to convicted fraudster

An NHS trust fairly dismissed a community healthcare assistant with 20 years' service for gross misconduct after she introduced a vulnerable patient to a convicted fraudster and shared confidential information. The employment tribunal upheld the dismissal.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was employed as a Community Healthcare Assistant/Support Worker from 28 May 2001 until summary dismissal on 10 January 2022.
  • The claimant introduced Patient A, a vulnerable adult, to a convicted fraudster, Mr Tim Glasson, for the purpose of selling her home.
  • The claimant shared Patient A's confidential information with a surveyor without consent and saved patient contact details on her personal phone.
  • The claimant made unplanned visits to Patient A and posed as Patient A in a telephone call to a surveyor.
  • The respondent's investigation and disciplinary process found 11 of 12 allegations of gross misconduct proven.
  • The claimant's appeal was dismissed, and the tribunal found the dismissal fair within the band of reasonable responses.

Timeline

  1. Employment start

    The claimant began employment with the respondent as a Community Healthcare Assistant/Support Worker.

  2. Joint visit planned

    The claimant's diary entry shows she planned a joint visit with Mr Glasson to Patient A's home.

  3. Trading Standards concerns raised

    Cornwall Council Trading Standards raised concerns with the respondent about the claimant referring Patient A to Mr Glasson.

  4. Disciplinary hearing invitation

    The claimant was invited to a formal disciplinary hearing regarding 12 allegations of gross misconduct.

  5. Disciplinary hearing

    The disciplinary hearing took place; the claimant attended without representation.

  6. Summary dismissal

    The claimant was summarily dismissed for gross misconduct, effective this date.

  7. Dismissal communicated

    Mrs Ford communicated the dismissal decision to the claimant by telephone and letter.

  8. Appeal submitted

    The claimant submitted an appeal against the dismissal.

  9. Appeal hearing

    The appeal hearing took place in the claimant's absence; the appeal was dismissed.

  10. Tribunal hearing

    The employment tribunal heard the unfair dismissal claim over two days.

The outcome

The tribunal dismissed the claim for unfair dismissal, upholding the respondent's decision.

The key reasons were:

  • The trust had a genuine belief in the claimant's misconduct based on a reasonable investigation.
  • The misconduct was serious: introducing a vulnerable patient to a convicted fraudster, sharing confidential information, and posing as the patient.
  • The dismissal was within the band of reasonable responses for an employer in the healthcare sector.

No compensation was awarded as the claim failed.

Lessons & takeaways

  • Healthcare workers must maintain strict professional boundaries and never introduce vulnerable patients to third parties for personal gain.
  • Sharing patient information without consent, even with professionals like surveyors, is a serious breach of confidentiality that can justify dismissal.
  • Long service does not protect an employee from dismissal for gross misconduct when the conduct involves safeguarding risks to vulnerable adults.
  • Employers should ensure their investigation and disciplinary process is thorough and follows policy, as this will support a fair dismissal decision.

A serious breach of trust

This case shows how a single lapse in judgment can end a long career in healthcare. The claimant, a community healthcare assistant with 20 years of unblemished service, introduced a vulnerable patient with personality disorder and PTSD to a convicted fraudster. She then shared the patient's confidential information with a surveyor without consent, saved patient details on her personal phone, and even impersonated the patient in a phone call.

The trust's investigation found 11 of 12 allegations proven, and the disciplinary panel decided that summary dismissal was appropriate. The tribunal agreed, noting that the claimant's actions put a vulnerable adult at risk and breached multiple policies.

What the trust did right

The trust followed its disciplinary procedure carefully. It commissioned a formal investigation, interviewed witnesses, reviewed police records and phone recordings, and gave the claimant a fair hearing. The appeal process was also properly conducted. This thorough process helped the tribunal conclude that the dismissal was within the range of reasonable responses.

What this means for similar claims

For employees in healthcare or other roles involving vulnerable people, this case is a stark reminder that professional boundaries are non-negotiable. Even with long service and a clean record, gross misconduct involving safeguarding risks will almost certainly justify dismissal. For employers, it reinforces the importance of having clear policies and following them consistently.

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