Ms T Plummer v Lifeways Community Care Limited — 2024

The tribunal found that the respondent had reasonable and proper cause to investigate concerns about medication communication and to move the claimant temporarily while an investigation was undertaken. However, it found the respondent took no steps to progress or conclude that investigation, did not properly consider the suitability of the proposed alternative workplace given the claimant's inability to work 1:1 shifts, and did not review or resolve the position when responsibility for the relevant service user transferred away from the respondent.

The tribunal also found that, following the claimant's assault at work, the respondent unreasonably failed to complete required internal debrief documentation and unreasonably failed to consider discretionary company sick pay under its internal policies. The respondent's failure to provide welfare contact was not in isolation enough to destroy trust and confidence, but formed part of the cumulative pattern found by the tribunal.

The proposed TUPE transfer increased the consequences of the unresolved investigation because the claimant believed the investigation and relevant background would pass to a new provider without adequate context. The tribunal found the respondent's failures were likely to destroy or seriously damage trust and confidence, that the claimant had not affirmed the contract, and that she resigned at least in part in response to those breaches. The unfair dismissal claim therefore succeeded. The sick pay claim failed because company sick pay was discretionary and not contractually payable.