Mr. C A Nunez Dias v Anchor Hanover Group — 2025

The Claimant was dismissed for gross misconduct after an incident on 25 April 2024 involving resident CM. The Tribunal found that the genuine reason for dismissal was conduct, arising from findings that the Claimant physically restrained CM, failed to follow the Respondent's distressed communication and moving and handling policies, and did not seek assistance from the on-call manager or police when the situation escalated.

The Tribunal found that the Respondent carried out a reasonable and thorough investigation, including accounts from residents CM and HM and staff evidence. It accepted that the dismissing and appeal officers were entitled to prefer the evidence of CM and HM over the Claimant's changing accounts, and found that the disciplinary and appeal processes were fair.

The Tribunal concluded that summary dismissal for gross misconduct fell within the band of reasonable responses. It rejected the Claimant's procedural criticisms, including points about suspension, delay, confidentiality, recording of the disciplinary meeting, the role of his companion, and consideration of safeguarding policy. The unfair dismissal claim was dismissed.