Ms Ingrid Hunter v Just One Health and Social Care Limited — 2025

The claimant, Ms Ingrid Hunter, brought complaints of unfair dismissal and wrongful dismissal against Just One Health and Social Care Limited following her summary dismissal on 2 April 2024. The hearing was at Cardiff by video on 4 and 5 December 2024 before Employment Judge S Jenkins. The tribunal found that the dismissal was for conduct, and it recorded that the respondent relied on three allegations: sharing personal information with a resident, making comments about the bathroom to KD's mother, and using inappropriate language in front of a resident's family member.

On unfair dismissal, the tribunal applied the Burchell/Iceland Frozen Foods approach and concluded that the respondent had a genuine belief in misconduct but not reasonable grounds or a sufficient investigation for all of the allegations. It held that the first allegation was framed as disclosure to a resident, but the evidence explored during the disciplinary process focused on possible discussions with staff, not direct disclosure to JC. It also held that the third allegation was based on a misconstruction: the words about the washing machine were said to a member of staff, PM, not in front of a resident's family member. The tribunal accepted that the second allegation was made out, namely the claimant's comment to KD's mother about the bathroom being a 'shithole', but it still found that dismissal for that conduct was outside the range of reasonable responses.

On wrongful dismissal, the tribunal held that the allegation about the bathroom comment was objectively made out, but it did not amount to gross misconduct or a repudiatory breach justifying summary dismissal. Compensation was assessed on the basis of a gross weekly pay of £217.70 and seven years' service. The wrongful dismissal award was £1,523.90, being seven weeks' pay. For unfair dismissal, the basic award was calculated at £2,285.85 and reduced by 10% to £2,057.24 for contributory conduct; the compensatory award was £1,001.42 for the period from expiry of notice on 21 May 2024 to 24 June 2024, reduced by 20% overall to £801.14 to reflect contributory conduct and the failure to appeal. The total award was £4,382.28.