Miss E Reynolds v Carebase Ltd — 2022

Miss E Reynolds was employed as a care assistant at Ashbrook Care Home from 29 April 2019. She was dismissed by letter dated 11 August 2021 following a disciplinary hearing on 9 August 2021, and the dismissal was upheld on appeal on 2 September 2021, with confirmation sent on 3 September 2021. The tribunal recorded that the claim was for unfair dismissal only and that the hearing was to determine liability first, with remedy only if necessary.

The dismissal arose from an incident on 30 July 2021 involving a leaving collection for a colleague, including alcohol among the gifts, in the residents’ lounge. The tribunal found that the claimant accepted she was not wearing a face mask at the time, and that evidence from several witnesses supported the respondent’s belief that there had been raised voices and rude or unprofessional conduct in front of colleagues and residents. On appeal, allegation 2 about bringing alcohol into the premises was not upheld, but allegations 1, 3 and 4 were upheld and formed the basis of dismissal.

Applying section 98 of the ERA 1996 and the Burchell approach, the tribunal held that the respondent genuinely believed the claimant had committed the misconduct, that there were reasonable grounds for that belief, and that the investigation was proper and adequate. It rejected criticisms that the process was undermined by leading questions, by any failure to investigate whether not wearing masks until after handover was accepted practice, or by any improper consultation between the disciplinary manager and HR. The tribunal also found that the decision to dismiss for allegations 1, 3 and 4 was within the band of reasonable responses, including in light of the Covid-19 mask requirement in a care home.

The claim of unfair dismissal was therefore dismissed. No remedy was awarded because the tribunal found against the claimant on liability and the hearing did not proceed to remedy.