EAT applies common sense to care charity sacking

Tuesday, 19 April 2011 00:00

A care worker was sacked following two alleged instances of aggression and verbal abuse of a service user with a mental health problem. He tried to justify one of them as 'mood matching' and denied the other. National charity Carr Gomm Scotland had given him its Code of Conduct and a specific instruction to show respect and not to use the 'mood matching' technique.

The employee claimed unfair dismissal and was awarded more than £27,000. Happily the Employment Appeal Tribunal has allowed Carr Gomm's appeal, saying the charity had been entitled to the view that there had been gross misconduct justifying dismissal.

Charities should consider the implications carefully. Employees with more than 12 months' service can claim a maximum award of £80,400 for unfair dismissal if the charity gets it wrong. Carr Gomm had set out its requirements in writing and could show that the care worker was aware of them. It had also carried out a proper investigation as its disciplinary procedure required, including an appeal hearing. Other charities would do well to ensure that their policies provide this back-up.

Our experienced charity and employment lawyers can help in drafting such policies to make sure your charity is well protected in these situations.

Call 01392 207020 for further advice.