Ms J Davis v Represented by Mr D Stevenson CAB Representative Governors of Dean Orphanage & Cauvins Trust — 2025

Ms J Davis had worked for the respondent since 15 December 2014 and, from October 2023, was employed as a Night Awake Worker at Portland Street. The tribunal found that on 25 June 2024 a young person in the house had been unaccounted for from about 3.30am until around 9.30am, and that the claimant was also found asleep on a sofa at about 7.30am while on duty. The respondent investigated the incident through LT, who interviewed the relevant staff, reviewed CCTV, telephone and text records, and produced a report recommending formal action.

The claimant was invited to a disciplinary hearing on allegations that she had failed to fulfil her duties of supervision, safety and care, and that she had slept while on a waking shift. GJ chaired the hearing on 23 July 2024 and concluded that the claimant had not checked that the young person had returned, had slept during the shift, and had not followed the available protocols, including waking the sleep-in worker or contacting on-call management when she felt unwell. He found this amounted to gross misconduct and decided that summary dismissal was justified, while also considering and offering an alternative of a final written warning and a day-shift role.

The tribunal accepted that the reason for dismissal was conduct, a potentially fair reason under s.98(2)(b) ERA 1996, and applied s.98(4) ERA 1996 together with the Burchell questions and the Iceland Frozen Foods band of reasonable responses approach. It found that GJ genuinely believed the misconduct had occurred, had reasonable grounds for that belief, and that the investigation was reasonable and balanced. The tribunal also found the disciplinary and appeal procedure fair and reasonable, and concluded that dismissal fell within the range of reasonable responses. The unfair dismissal complaint was therefore dismissed, and no award was made.