Claimant v Anchor Hanover Group
Outcome
Individual claims
The tribunal found the reason for dismissal was conduct (gross misconduct). The claimant physically restrained an elderly, frail resident CM by holding his arm behind his back and forcing him down a corridor, contrary to the respondent's policies prohibiting physical restraint. The tribunal accepted the evidence of resident CM and witness HM over the claimant's changing accounts. The investigation and disciplinary process were thorough and fair. Dismissal fell within the band of reasonable responses given the seriousness of the breach, the claimant's seniority as Team Leader responsible for training others, and his failure to follow de-escalation procedures or call for assistance. The appeal was properly conducted and upheld the dismissal as proportionate.
Facts
The claimant was a Team Leader at a care home for elderly residents. On 25 April 2024, resident CM displayed challenging behaviour. The claimant physically restrained CM by holding his arm behind his back and forcing him down a corridor to his room, without CM's Zimmer frame. CM complained the next day that the claimant had nearly broken his arm. Another resident, HM, witnessed the incident and corroborated CM's account. The claimant gave inconsistent accounts during the investigation and disciplinary process. He was suspended on 30 April 2024, investigated, and dismissed for gross misconduct on 11 July 2024 after a disciplinary hearing. His appeal was dismissed on 20 August 2024.
Decision
The tribunal dismissed the unfair dismissal claim. The reason for dismissal was conduct (gross misconduct). The claimant breached the respondent's policies prohibiting physical restraint of residents. The tribunal preferred the evidence of residents CM and HM over the claimant's changing accounts. The investigation and disciplinary process were thorough and fair, and dismissal fell within the band of reasonable responses given the seriousness of the breach and the claimant's seniority and training role.
Practical note
A senior care worker's use of physical restraint on a vulnerable elderly resident, contrary to clear policy and training, justified summary dismissal for gross misconduct even where the employee had a good work record.
Legal authorities cited
Statutes
Case details
- Case number
- 6016104/2024
- Decision date
- 26 March 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Team Leader
- Service
- 4 years
Claimant representation
- Represented
- No