Acting for an employer in response to claims for unfair dismissal and disability discrimination

Thomson Snell & Passmore were instructed to assist a social care and welfare employer who was on the receiving end of an employment tribunal claim for unfair dismissal and disability discrimination.

The claimant employee (a team leader in a residential care home) had been dismissed following an admission she had made in an investigation meeting, concerning other allegations, that she had falsely completed a resident’s care records. She re-affirmed this in a subsequent meeting.

The claimant’s claims included the allegation that she had made the admission as a result of the pressure of the investigation and that she had reaffirmed it shortly before fainting and therefore had no recollection of it. The claimant alleged that her actions were the symptoms of her history of depression and so to penalise her was disability discrimination. The client felt it had to take a stand due to the seriousness of the offence and the need to ensure that team leaders could be trusted to properly complete important care records.

The tribunal hearing lasted three days. In a reserved judgment the tribunal dismissed all of the claimant’s claims.  It was a resounding victory for our care home client and emphasised to staff the high standards that it sought to maintain in its care homes.

Senior Associate, Ben Stepney, handled all legal aspects and reached a good outcome for the client.