Ms Susan Sage v Ltd (In Liquidation) — 2021

The claimant was employed as a care assistant in a care home and was dismissed after the respondent concluded that she had undertaken cleaning work outside Bankfoot House without notifying the manager so that the activity could be risk assessed under Covid-related working requirements. The tribunal found that the respondent had issued clear requirements to staff, and specific reminders to the claimant, that outside work had to be notified and risk assessed, including cleaning work for other households.

The tribunal found that the respondent had a genuine belief, on reasonable grounds following a reasonable investigation, that the claimant had carried out cleaning work for two individuals in October 2020 while working at the care home and without risk assessment. It accepted that further enquiries of the householders were not necessary because the claimant's own statements and disciplinary hearing answers gave the respondent sufficient information on the essential issues.

The tribunal rejected the argument that the matter had been prejudged and found that the investigation, disciplinary hearing and appeal process were not a sham. Taking account of the care home setting, the Covid transmission risk, the respondent's rules, and the claimant's existing final written warning, the tribunal held that dismissal was within the band of reasonable responses and that the claimant was not unfairly dismissed under section 98 of the Employment Rights Act 1996.