Claimant v DMP Healthcare Ltd (Bluebell Nursing and Residential Care Home)

The tribunal found the dismissal was unfair because the claimant was not informed of the charges against her, received no prior notice of the disciplinary invitation, was not told she could be accompanied, and the investigation was unreasonable. The disciplinary manager was a witness to the incident, creating a procedural flaw. The appeal did not remedy these defects. The belief held by the respondent, whilst genuine, was unreasonable and the whole process was fundamentally flawed.

The tribunal found the claimant's actions did not amount to a fundamental breach of contract justifying summary dismissal. The claimant was open about her actions, believed the care plan allowed 1-2 carers, and no evidence was produced setting out the consequences of failing to comply with care plans. The respondent was not entitled to dismiss without notice.

The claimant failed to establish primary facts from which the tribunal could infer age discrimination. No evidence was produced to support allegations of less favourable treatment because of age. The burden of proof was not satisfied at the first stage.

The claimant failed to establish primary facts from which the tribunal could infer sex discrimination. No evidence was produced to support allegations of less favourable treatment because of sex. The burden of proof was not satisfied at the first stage.

The holiday pay claim was resolved prior to the hearing and the claimant received the sums due to her.