Claimant v The Knowles Care Home Ltd

Outcome

Facts

The claimant was deputy manager at a care home. On the weekend of 8-9 October 2022, when the manager was off, multiple care failures occurred including a resident fall not being properly documented, controlled drug counts not being done, medication running out, and inadequate resident care regarding fluids and showers. The claimant was the duty manager for these shifts alongside senior care staff. Following investigation, she was dismissed for gross misconduct on 30 October 2022, having been offered demotion as an alternative which she declined. She appealed unsuccessfully. The claimant did not attend the tribunal hearing, citing anxiety, though provided a brief written statement.

Decision

The tribunal found the dismissal was fair. The reason was conduct (gross misconduct). The respondent genuinely believed the claimant was guilty of serious failures in managing the care home, had reasonable grounds for this belief based on documented incidents, and conducted a reasonable investigation including investigatory and disciplinary meetings with appeal. Dismissal fell within the range of reasonable responses given the vulnerability of service users and the seriousness of the care failures, even though the claimant had delegated some tasks to others.

Practical note

Legal authorities cited