Claimant v The Royal Leicestershire Rutland and Wycliffe Society for the Blind (a registered charity) trading as VISTA
Outcome
Individual claims
The tribunal found the respondent had a genuine belief in the claimant's admitted misconduct (two medication errors within three months). The investigation was reasonable, the procedures were fair (including adequate warning after the first error that further errors could result in dismissal), and dismissal for repeated medication errors after retraining fell within the band of reasonable responses for a reasonable employer given the serious potential consequences to vulnerable residents.
Facts
The claimant, an assistant manager with 26 years' service at a care home for blind residents, made two medication errors within three months. On 30 January 2024, she gave a resident the wrong medication. She was retrained, re-certified, and warned that further errors within 3 months could result in dismissal. On 10 April 2024, she gave another resident the wrong medication (the resident had already received her own medication). She admitted both errors and was dismissed without notice for gross misconduct. She appealed unsuccessfully.
Decision
The tribunal dismissed the unfair dismissal claim. The tribunal found the respondent had a genuine belief in the admitted misconduct, conducted a reasonable investigation, followed fair procedures including adequate warnings, and that dismissal fell within the band of reasonable responses given the serious risks to vulnerable residents. The claimant's arguments about mitigating factors (length of service, no harm caused, health conditions) and alleged inconsistent treatment were rejected.
Practical note
Even very long service and mitigating health factors will not render a dismissal unfair where an employee in a safety-critical role repeats serious errors after clear warnings and retraining, particularly in vulnerable care settings where potential consequences are grave.
Legal authorities cited
Statutes
Case details
- Case number
- 6007921/2024
- Decision date
- 10 March 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Assistant Manager
- Salary band
- £20,000–£25,000
- Service
- 27 years
Claimant representation
- Represented
- No