4103458/2022Claimant won

Blackwood Homes and Care

7 December 2022·Employment Tribunal·Scotland·Employment Judge J Young

Respondent

Blackwood Homes and Care

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Decision date

7 December 2022

Tribunal

Employment Tribunal

Jurisdiction

Scotland

Judge

Employment Judge J Young

Case Summary

The Employment Tribunal found that the claimant was not unfairly dismissed by Blackwood Homes and Care. The case centered around a claim of unfair dismissal due to alleged mistreatment of a customer, but the tribunal concluded that there was sufficient evidence for gross misconduct.

Why this outcome?

The tribunal found sufficient evidence of gross misconduct to justify the dismissal, and therefore the dismissal was not unfair.

Claim Types

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Key Issues

  • What was the reason for dismissal?
  • Was that a potentially fair reason for dismissal?
  • If the reason was misconduct did the respondent believe the claimant guilty of misconduct; had in mind reasonable grounds to sustain that belief, and carried out as much investigation into the matter as was reasonable?
  • If so, was dismissal for that reason within the band of reasonable responses?
  • Was there procedural unfairness?
  • If the claimant succeeds, was there contributory conduct?
  • If the claimant succeeds on either substantive or procedural unfairness, what compensation should be awarded in respect of the unfair dismissal?

Original published judgment

The full source document is available from the official publication page.

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