Mrs L Tierney v The Disability Trust t/a Brainkind Heard at Hull by CVP — 2024

The claimant was dismissed following allegations relating to safeguarding, medication administration, information given to safeguarding, and the respondent's appraisal process. The tribunal found that the initial decision to dismiss fell within the band of reasonable responses, given the nature of the claimant's registered manager role and the safeguarding context.

The tribunal found that the appeal was not conducted fairly because it was predetermined and was not given proper, open-minded consideration. The claimant was therefore deprived of a proper opportunity to have the dismissal overturned, making the overall dismissal unfair.

For the breach of contract claim, the tribunal found that the claimant's failure to properly investigate and deal with the medication issue, and alternatively or cumulatively the information given to safeguarding, amounted to repudiatory breach of contract. The respondent was therefore entitled to summarily dismiss the claimant, and that claim was dismissed. Remedy was reserved to a future hearing.