Miss E Smith v Buckreddan Care Centre — 2020

The claimant brought a claim of unfair dismissal arising from the termination of her employment by Buckreddan Care Centre on 12 March 2020. The tribunal found that the reason for dismissal was conduct, namely an incident on 5 February 2020 in which the claimant was said not to have followed the appropriate moving and handling procedure. At the disciplinary hearing the claimant accepted that she had not turned the resident at 1am as recorded in Staff Nurse Murray’s statement, and she also accepted that she had not used a sliding sheet when required. The tribunal recorded that the claimant had previously received warnings, including a live final written warning from 28 October 2019, and that she had not completed the induction booklet that had been part of the earlier corrective process.

Applying section 98 of the Employment Rights Act 1996 and the range of reasonable responses approach, the tribunal held that the respondent had a genuine belief in the misconduct, reasonable grounds for that belief, and a reasonable investigation. It noted that the claimant had been told of the allegations, given Staff Nurse Murray’s statement, attended the disciplinary hearing, and was given an opportunity to answer. The tribunal also considered the claimant’s disciplinary record, the care setting, and Ms Lidington’s evidence that dismissal was not imposed automatically but only after hearing the claimant’s explanation.

The tribunal rejected the argument that the precise nature of the resident’s condition, whether a grade 2 pressure sore or an abscess, affected the dismissal decision. It held that the claimant’s failure to appeal meant any further challenge on that point was not pursued through the respondent’s process. The tribunal concluded that dismissal fell within the band of reasonable responses and was fair. As a result, it did not go on to consider remedy.