(1) Anjana Rai (2) Sudha Gurung Respondent - Bupa Care Homes (ANS) Limited Heard at London South Hearing Centre by CVP On 24-28 March 2025 and in chambers 2 April Before Employment Judge McLaren Members Mr S Corkerton Mr R Singh v Respondent — 2025

The claimants were dismissed after an overnight inspection at a care home. The respondent concluded that staff had been asleep or not wakeful and that residents' night checks had not been completed or records had been falsified. The tribunal found that the decision-maker had a genuine belief in the misconduct, based on reasonable grounds after a reasonable investigation, and that dismissal was within the range of reasonable responses.

The tribunal found no less favourable treatment because of race. It found that the appropriate comparator, a white British employee found sleeping on the night shift, was treated in the same way, and that there was no evidence that senior staff accounts were prioritised because of prejudice against Nepalese staff.

For victimisation, the respondent accepted that the claimants had done a protected act and that referral to the Disclosure and Barring Service was a detriment. The tribunal found no link between the protected act and the referrals, noting that all staff found asleep on the relevant days were referred while only the claimants had brought tribunal claims.