Tag

#care-home

17 cases tagged Care Home.

Respondent won · Dec 2023

Care home manager's whistleblowing claim fails as decision-maker unaware of disclosures

A care home manager who claimed he was automatically unfairly dismissed for raising concerns about resident safety lost his case. The tribunal found the decision-maker did not know about the disclosures and dismissed him for genuine belief in gross misconduct.

protected-disclosureage-discriminationharassment
Claimant won £12,138 · Nov 2023

Care assistant dismissed over COVID-19 vaccine mandate before deadline was extended

A care assistant was unfairly dismissed after his employer relied on a vaccination deadline that had already been extended. The tribunal awarded £12,137.94.

covid-19-vaccinationstatutory-restrictioncare-home
Respondent won · Oct 2023

Whistleblowing claim fails: dismissal for missed shift upheld

A community development worker with four months' service was dismissed for missing a shift. The tribunal found the reason was absence, not her protected disclosures.

protected-disclosurecare-homeshort-service
Claimant won £26,926 · Sept 2023

Dismissed on a council report alone: care home deputy manager wins unfair dismissal claim

A deputy manager with three years' service was unfairly dismissed after her employer relied solely on a council safeguarding report without conducting its own investigation or disciplinary hearing. The Watford tribunal awarded £26,926.

safeguardingcouncil-investigationno-internal-investigation
Respondent won · Sept 2023

Nurse given final warning over stair gate incident: race discrimination claim fails

A care home nurse who claimed race discrimination after receiving a final written warning for a fire safety breach has had his claim dismissed. The tribunal found no less favourable treatment compared to other staff.

race-discriminationdisciplinary-procedurecomparator
Claim dismissed · Aug 2023

Whistleblowing care home employee wins liability but loses remedy after failing to attend hearing

A care home employee who was unfairly dismissed for raising food hygiene and safeguarding concerns won her liability case, but the remedy claim was dismissed when she did not attend the hearing.

public-interest-disclosureunfair-dismissaldetriment
Partial win · Jul 2023

Senior care assistant constructively dismissed after flawed grievance process

A senior care assistant who resigned after a manager swore at her and a grievance was poorly handled has won her constructive unfair dismissal claim. The tribunal found a fundamental breach of trust and confidence.

constructive-dismissaldisability-discriminationprotected-disclosure
Partial win £1,482 · Jul 2023

Care worker dismissed for mistreating dementia resident: unfair process but no compensation

A care home worker was unfairly dismissed after procedural flaws, but the tribunal found her guilty of the alleged misconduct and reduced compensation to zero.

gross-misconductcare-homedementia-resident
Respondent won · Jun 2023

Care home worker dismissed for refusing to use official vaccine exemption form: dismissal fair

A senior care assistant with 18 years' service was fairly dismissed after refusing to complete the government's self-certification form for a medical exemption from Covid-19 vaccination. The tribunal rejected her claims of unfair dismissal and philosophical belief discrimination.

covid-19-vaccinationcare-homemedical-exemption
Respondent won · Jun 2023

Night carer dismissed for moving deceased resident: gross misconduct dismissal upheld

A night senior carer with over 40 years' experience was fairly dismissed for gross misconduct after moving an unresponsive resident before calling 999, the tribunal has ruled.

gross-misconductcare-homeunexpected-death
Respondent won · Apr 2023

Dismissed for breaching Covid-19 protocols: care home's decision upheld as fair

A domestic assistant with 4 years' service was fairly dismissed after entering a care home without following infection control measures. The tribunal found the employer's belief in gross misconduct was reasonable and the process was within the range of reasonable responses.

covid-protocol-breachcare-homegross-misconduct
Partial win £4,218 · Apr 2023

Care worker dismissed after 13 days for whistleblowing: compensation despite short service

A care worker who was dismissed after just 13 days for reporting a colleague's abuse of a resident has won her unfair dismissal claim. The tribunal awarded £4,217.68 in compensation.

whistleblowingreligion-or-belief-discriminationdeposit-order
Partial win £892 · Jan 2023

Bank worker at care home wins £892 for unpaid shifts and rolled-up holiday pay

A care home bank worker who was dismissed for not being vaccinated against COVID-19 failed to prove discrimination but succeeded in claiming unpaid wages and holiday pay for seven shifts, totalling £891.80.

bank-workercare-homecovid-vaccination
Claimant won £24,594 · Dec 2022

Senior carer sacked after raising resident safety concerns: automatic unfair dismissal

A senior night carer was automatically unfairly dismissed after raising concerns about resident neglect and safety at a care home. The tribunal awarded £24,594 in compensation.

public-interest-disclosurecare-homesenior-carer
Claimant won £11,301 · Dec 2022

Care assistant dismissed after 10-minute hearing based on anonymous whistleblower allegations

A care assistant was unfairly dismissed after a 10-minute disciplinary hearing where the decision-maker had already decided she was guilty. The tribunal awarded £11,300.97.

whistleblowerclosed-mindprocedural-unfairness
Respondent won · Nov 2022

Care home workers dismissed for refusing Covid vaccine: dismissal fair and no discrimination

Five care home workers claimed unfair dismissal and discrimination after being sacked for refusing the Covid-19 vaccine. The tribunal upheld the dismissals as fair for 'some other substantial reason' and rejected all discrimination claims.

covid-19-vaccinecare-homesome-other-substantial-reason
Partial win £2,437 · Apr 2022

Night Support Worker dismissed for pushing resident: dismissal unfair but compensation slashed

A care home worker who pushed a resident with autism was unfairly dismissed because the employer failed to hold a disciplinary hearing or consider an appeal. The tribunal awarded £2,436.73, reduced by 75% for his misconduct.

care-homephysical-pushprocedural-unfairness