Claimant v St. Luke's Hospital

Outcome

Facts

The claimant was an auxiliary nurse employed at a nursing home charity for over 9 years. She was dismissed for gross misconduct following five allegations: neglecting a palliative care patient by failing to change his soiled pad and not reporting his refusal of care; failing to take a Covid test despite displaying symptoms; taking an unauthorised break; using lifting equipment alone; and refusing to assist with patient transfer. The claimant had previous warnings for similar conduct including taking unauthorised breaks and using equipment alone. She admitted most of the conduct but disputed some details.

Decision

The tribunal dismissed the unfair dismissal claim. It found the respondent held a genuine belief in the misconduct based on reasonable grounds following a reasonable investigation and fair procedure. Although some individual acts might not constitute gross misconduct in isolation, the accumulation of conduct, previous warnings, and inconsistencies in the claimant's explanations meant dismissal fell within the range of reasonable responses for a care setting where patient safety was paramount.

Practical note

Legal authorities cited