The respondent was a limited company providing care and support, including residential services, to vulnerable adults. It was uncontested that a particularly challenging patient with severe learning disabilities had moved to the home and the claimant gave evidence that she felt concerned at working night shifts alone with the patient after he had made numerous comments relating to inappropriate sexual behaviour. Further, she felt that her own safety and the safety of others was not being taken seriously and that her concerns were ignored by senior staff. The dismissal related to a comment the claimant had made about being in possession of a rolling pin in the home, ostensibly for protection purposes, although she claimed that she had only ever said this in a sarcastic manner.  The disciplinary panel concluded that this amounted to a ‘serious threat of physical violence to a vulnerable adult’ without ever checking if the rolling pin was in the home or even asking any patients or visitors if the claimant had been seen in possession of it. The tribunal concluded that the decision to dismiss the claimant was a decision which no reasonable employer could have reached and the claim of unfair dismissal was upheld.

Practical Lessons

The tribunal noted that an employer must be scrupulous in avoiding risk to those vulnerable adults and take any related allegations seriously.  However, that does not mean that any statement, without any evidence of actual risk, justifies dismissal on its own, particularly with an employee with relatively long service and a clear record. This can clearly be a difficult balance and employers in such contexts must investigate such matters appropriately. This is particularly true in relation to patients with learning or communication difficulties when the veracity of allegations made likely require special consideration depending on the history and condition of the individual. In a nutshell, the employer here can be (and was) criticised for being too hasty without properly considering the surrounding circumstances of the allegations. It is also worth noting that the context in which the claimant made the comments i.e. that she was highly stressed and received inadequate support was deemed relevant. Employers should therefore evaluate the ongoing support they are providing their own staff in such stressful environments as this is likely to be examined by any subsequent tribunal in its evaluation of the appropriateness of the dismissal.
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