Claimant v Citizen Housing Group Limited

The tribunal found this was a fair dismissal. Mr Whittenbury genuinely believed the claimant was guilty of gross misconduct for refusing to check if a resident was breathing when instructed. Reasonable investigations were undertaken, sufficient evidence supported the belief, the procedure was fair, and dismissal was a reasonable sanction. The claimant showed no contrition and stated she would refuse again.

The tribunal found Mrs Thewlis's comment about there being fewer notices to quit at Frank Walsh House was accurate and made to highlight a positive aspect of moving. It was not unfavourable treatment. Any comment was not made because of the claimant's dyslexia but because fewer notices were factually required at that location. The tribunal did not accept Mrs Thewlis said she disliked proofreading the claimant's work.

The claimant was offered and voluntarily accepted the move to Frank Walsh House. This was not unfavourable treatment as she did not think it detrimental at the time, stating she loved the role and felt welcome. The move had no connection to her disability or the time taken to prepare notices. It was to fill a vacancy, provide good experience, and support career progression.