Shaw Healthcare Ltd

Case Summary

Ms Collins, a Team Leader at a care home, was dismissed for gross misconduct after being photographed with her eyes closed during a night shift, alleged to be sleeping on duty. The tribunal found the respondent had a potentially fair reason to dismiss under section 98(2)(b) (conduct) and that the dismissal was fair under section 98(4), as the respondent acted reasonably despite procedural deficiencies and breaches of the ACAS Code. The claim for unfair dismissal was dismissed.

The tribunal found the respondent had a potentially fair reason to dismiss for gross misconduct (sleeping on duty in breach of the night policy), and the respondent acted reasonably in treating this as a sufficient reason for dismissal within the band of reasonable responses. Although there were procedural deficiencies including an ACAS Code breach and incomplete investigations, these were not sufficiently material to vitiate the overall fairness of the proceedings given the compelling nature of the photographic evidence, the explicit night policy, and consistent treatment of all four employees implicated in the same complaint.

Use these claim-type pages to compare this decision with other published tribunal cases, outcome patterns, and visible award data.

• •Whether the claimant was dismissed for a potentially fair reason (gross misconduct - sleeping on duty)
• •Whether the respondent acted reasonably in treating sleeping on duty as a sufficient reason for dismissal
• •Whether the claimant was aware of the night policy prohibiting sleeping on duty
• •Whether the photograph provided objective evidence the claimant was asleep or resting her eyes
• •Whether the investigation and disciplinary procedure was fair
• •Whether the respondent breached the ACAS Code of Practice
• •Whether the penalty of dismissal was reasonable

Case No. 2300863/2025 1 EMPLOYMENT TRIBUNALS Claimant: Ms Lesley Collins Respondent: Shaw Healthcare Limited Heard at: London South Employment Tribunal (Croydon) On: Case number: Before: 12 and 13 March 2026 2300863 / 2025 Employment Judge M Da Costa (sitting alone) ATTENDANCE AND REPRESENTATION: Claimant: In person, represented by Mr Keers Respondent: In person, represented by Mr Tudor of counsel RESERVED JUDGMENT The judgment of the Tribunal is as follows: Complaint of unfair dismissal pursuant to section 111(1) Employment Rights Act 1996 contrary to section 94 of that Act 1. The claimant’s claim for unfair dismissal is not well founded and is dismissed. 2. The respondent had a potentially fair reason to dismiss the claimant within section 98(2)(b) of the Act. Case No. 2300863/2025 2 3. The respondent acted fairly in dismissing the claimant for that reason because the respondent acted reasonably in treating the reason as a sufficient reason for dismissing the claimant within the meaning of section 98(4) of that Act. REASONS 4. The claimant worked for Shaw Healthcare Ltd, a care home provider, between 12 August 2019 and 22 October when she was dismissed for gross misconduct on 23 October 2024. She worked at the respondent’s Hillside Lodge home. She became a Team Leader in February 2023. 5. The claimant brings a claim for unfair dismissal. The Hearing 6. I heard the case on 12 and 13 March 2026. 7. Mr Tudor of counsel appeared for the respondent. For the respondent, Mr Rees, Ms Markland and Mr Vanhinsbergh gave sworn evidence. 8. Mr Keers appeared for the claimant. The claimant gave sworn evidence as did her witness Ms Sutherland. 9. At the end of the second day of evidence and after having heard submissions from both Mr Tudor and Mr Keers, I reserved judgment. Background 10. The allegation which the disciplinary outcome letter…