Mrs S Knowles v Gradestone Limited — 2021

Mrs Knowles worked for Gradestone Limited as a care worker and, in mid-May 2020, was experiencing stress while working in a care home during the Covid-19 pandemic. On 25 May 2020 she had an altercation with a colleague, became upset and unwell, and the tribunal accepted that she told the nurse in charge, Alison Diaz, that she was leaving because she felt too unwell and stressed to continue working. The tribunal preferred the claimant's evidence on those events and accepted that residents were not put at risk, because Ms Diaz provided cover and no resident was harmed.

Before the claimant's fit note was received, the respondent sent a letter dated 26 May 2020 stating that her employment had been terminated immediately for leaving without informing the nurse in charge and for leaving the care home short of staff. A text message sent on 29 May repeated that position. The tribunal found that the letter and text were sent by or with the knowledge of Mrs Panjadka, and that the respondent then embarked on a process that did not properly investigate the claimant's account, did not ask her nephew Mr Mackenzie for a statement, did not provide the claimant with the witness statements, and did not adequately take account of her poor mental health or four-month fit note.

The respondent later held a fact-finding meeting and an appeal process, but the tribunal found that these steps did not cure the earlier defects. On 2 July 2020 Mr Hukkeri upheld the appeal against termination, reinstated the claimant, and at the same time imposed a final written warning for gross misconduct on the basis that she had left work without permission. The tribunal held that, taken cumulatively, the respondent's conduct was predetermined, procedurally unfair, and a breach of the implied term of trust and confidence. The claimant resigned on 6 July 2020 and the tribunal held that she was entitled to do so and had been constructively unfairly dismissed. A remedy hearing was to be fixed; the judgment also records that the respondent consented to a costs order of £379.60 plus VAT.