Claimant v 92 Higher Drive Ltd t/a Highfield House

The tribunal found the dismissal was for conduct, a potentially fair reason. The employer held a genuine belief in the misconduct (shouting loudly in a vulnerable patient's room without permission, causing distress, and failing to leave despite instructions), had reasonable grounds for that belief based on multiple witness statements, and conducted a reasonable investigation including suspension, invitation to disciplinary hearing with all evidence, and right to be accompanied. Dismissal for gross misconduct fell within the band of reasonable responses available to a reasonable employer, particularly given the claimant's recent verbal warning for breaching the same core values just one week prior.

The tribunal found the claimant's conduct amounted to a repudiatory breach of contract. Despite being aware of the respondent's six core values (dignity, privacy, choice, independence, rights, fulfilment) and the importance of maintaining a safe, peaceful environment for extremely vulnerable neurological patients, she violated a patient's dignity and privacy by taking a loud phone call in the patient's room without permission, causing distress, and refusing to leave despite instructions. This fundamental breach entitled the respondent to terminate employment summarily without notice or payment in lieu.