Safeguarding your defence

When a charity was faced with disability discrimination and unfair dismissal claims, we successfully defended them in the Employment Tribunal and Employment Appeal Tribunal.

A service manager of a supported living service brought a complex claim of disability discrimination and unfair dismissal claim against a charity that supports people with disabilities. The service manager was dismissed for gross negligence on safeguarding concerns arising out of a CQC Inspection and Warning Notices issued in respect of the management of the service.

How did we help?

We robustly and successfully defended the claim in the Employment Tribunal and Employment Appeal Tribunal, including resisting the service manager’s attempt to amend his claim to include a further claim of discrimination. The manager put forward two other managers whose services had also been subject to a negative Inspection by the CQC as comparators for the discrimination claim and used the comparison to try to prove the dismissal was unfair. 

We ensured that the Tribunal Panel, who would not necessarily have a deep understanding of or background in the sector, understood the fundamental importance of safeguarding vulnerable adults in a residential care setting.

We succeeded in resisting the claims for discrimination and establishing that the failings of the manager, which went to the heart of the duty to safeguard the residents of the service, were so clearly negligent that gross misconduct was the correct reason for dismissal.

The Employment Appeal Tribunal confirmed that the correct reason for dismissal was conduct and that the Tribunal were correct in their approach to concluding that there was no discrimination.