Ms T Murray v Fairfield Care Scotland Ltd — 2024

Ms T Murray was employed as a Care Assistant at Auchtermairnie Care Home from 1 November 2017 until her dismissal took effect on 15 May 2023. The tribunal found that the dismissal was by notice and that the respondent relied on a breakdown in relationships within the team, together with the claimant’s own position that she could not work with all colleagues, would not move to another site, and would not accept some alternative arrangements.

The tribunal accepted that the respondent genuinely dismissed for the reasons it advanced: concerns raised by staff about how the claimant interacted with them, resignations and threatened resignations linked to those concerns, the claimant’s indication that she could not work with some colleagues, and the absence of workable alternatives. It held that this was a potentially substantial reason for dismissal under s.98(1)(b) ERA 1996, and characterised the case as one of some other substantial reason rather than misconduct.

In assessing fairness under s.98(4) ERA 1996, the tribunal treated the February 2023 events and the first and final written warning as relevant background. It did not find that the warning had been issued in bad faith or that it was manifestly inappropriate. It also accepted that the respondent had explored options before dismissal, including mediation, changing teams, moving role, working at the other care home in Burntisland, settlement, and resignation. The claimant was given notice of the matters to be discussed, attended meetings on 4 and 13 April 2023, was accompanied, was allowed to respond to the statements, and was offered an appeal.

The tribunal found that, at the time of dismissal, the respondent had carefully explored the claimant’s state of mind and future intentions and had no realistic cause for optimism that she could be successfully reintegrated into the workforce without unacceptable disruption. It concluded that dismissal fell within the range of reasonable responses open to a reasonable employer in the circumstances. The complaint of unfair dismissal was therefore dismissed and no monetary award was made.