Ms C Cairney v Represented by: Mr M Briggs - Solicitor South Lanarkshire Council — 2017

The claimant was employed as a home carer and the dispute arose from events on 27 November 2015 at a sheltered housing complex. The Tribunal found that she prompted medication for Mrs X, retained Mrs X's blister pack when she went to Mr Y's flat, later prompted one tablet from that blister pack to Mr Y in error, and later returned after her shift to recover the pack and leave it back with Mrs X. The claimant accepted that she did not record the prompts in the care diaries.

The respondent carried out a fact-finding investigation with three interviews of the claimant, took evidence from a mobile support worker and others, then held disciplinary hearings in May and June 2016. The dismissing officer concluded that the claimant had breached the relevant codes, had visited two service users who were not allocated on her schedule, and that the contradictory explanations and delayed disclosure raised concerns about honesty, professional conduct and integrity. The appeal panel rejected the appeal.

Applying section 98 ERA 1996, the Burchell approach, and the band of reasonable responses test from Iceland Frozen Foods, the Tribunal held that the respondent had reasonable grounds to believe misconduct had occurred and had carried out as much investigation as was reasonable in the circumstances. It concluded that dismissal for misconduct was fair and within the band of reasonable responses, so both the unfair dismissal claim and the claim for notice pay/wrongful dismissal were dismissed. No award was made.