A tribunal has ordered the Jewish Blind and Physically Disabled Society charity to pay a former employee over £17,000.
The charity, which provides independent living accommodation and support to Jewish adults who have a physical disability, or impaired vision, or both, dismissed a former house manager after she gave a tenant with dementia two paracetamol and a hot water bottle.
The manager successfully claimed for unfair dismissal and was awarded £17,000, with the charity disappointed at the outcome.
Dismissal
The claimant was employed by the charity from 18 December 2017 to 15 March 2022 with her duties including making a twice daily call round, responding to alarms, and care of tenants who were ill, but not giving medication.
Her duties also included maintaining a daily log book and day book report in which all relevant incidents were to be recorded and passed on to colleagues
An elderly tenant at the Francis & Dick James Court site had developed dementia while a resident, and by February 2022 the tribunal heard “she was suffering from severe dementia”.
The tenant was in bed and in pain as a result of a fall. Her carers gave her paracetamol and she was not able to take paracetamol herself without help.
On Friday 25, Saturday 26 and Sunday 27 February 2022 she repeatedly rang the claimant saying that she was in pain.
The claimant refused to give her pain relief on numerous occasions, and on 27 February 2022 the claimant gave her two paracetamol tablets from the packet in the kitchen, with a glass of water, and a hot water bottle which was also for pain relief.
The claimant was suspended on 2 March 2022, and her suspension letter stated that this was pending investigation into the allegation that she had given a tenant two paracetamol tablets and a hot water bottle.
She was dismissed, and the reason for dismissal was conduct.
The charity argued that any basic award should be reduced by 100% because of the claimant’s conduct before the dismissal.
However, the tribunal reduced the amount of the basic award by a third, leaving the total at around £17,000.
‘Disappointed by the outcome of this hearing’
Lisa Wimborne, chief executive of Jewish Blind and Physically Disabled Society, said: “As a sheltered housing provider, we do not provide any medical care for our tenants and as such our staff are not qualified to dispense any medication. Our policies clearly outlined this.
“Our policies are there to protect tenants and staff alike, which is why we take any breach very seriously.
“We were disappointed by the outcome of this hearing and are considering our position in relation to the judge’s decision.”
Wimborne said all costs relating to this case have been covered by the charity’s insurance policy.
Charity Commission data for the financial year ending 31 December 2021, puts the charity’s total income at around £5m.
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