Claimant v Governors of Dean Orphanage & Cauvins Trust
Outcome
Individual claims
The tribunal found that the respondent had a genuine belief based on reasonable grounds following reasonable investigation that the claimant had committed gross misconduct by failing to ensure a vulnerable young person subject to a Compulsory Supervision Order was accounted for after leaving the premises at 3:24am, and by falling asleep during her night shift. The decision to dismiss fell within the band of reasonable responses, as the respondent had no confidence in her ability to work alone on night shifts going forward, and alternative day shift options were not viable.
Facts
The claimant was a Night Awake Worker at a children's residential facility. On 25 June 2024, a vulnerable young person subject to a Compulsory Supervision Order left the premises at 3:24am. The claimant was alerted but assumed he had returned shortly after without checking. She fell asleep on shift. The young person was unaccounted for for approximately 6 hours until returning at 9:35am. The claimant was dismissed for gross misconduct following investigation and disciplinary hearing. She had worked for the respondent for over 9 years.
Decision
The tribunal found the dismissal was fair. The respondent had a genuine belief based on reasonable grounds and reasonable investigation that the claimant had failed to ensure a vulnerable young person was accounted for and had fallen asleep on duty. The decision to dismiss fell within the band of reasonable responses as the respondent had no confidence in the claimant's ability to work unsupervised night shifts, and alternative day shift roles were not viable.
Practical note
An employer can fairly dismiss for gross misconduct where a care worker fails to account for a vulnerable young person subject to statutory orders and falls asleep on duty, even with long service and good disciplinary record, where trust and confidence in unsupervised working cannot be maintained.
Legal authorities cited
Statutes
Case details
- Case number
- 8001582/2024
- Decision date
- 5 March 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Night Awake Worker (previously Residential Worker)
- Service
- 10 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep