A Dundee support worker has been awarded £23,000 after being unfairly blamed for putting colleagues at risk while a patient was being restrained.
An employment tribunal has ruled Cygnet should pay the sum to former employee Isabelle Jackson.
It said her treatment by bosses at the firm’s Thistle House amounted to constructive dismissal.
The home, on the ground level of Wallace Hospital on the city’s Americanmuir Road, cares for those with mental health needs including learning disabilities and autism.
Resident tranquilised during incident
The issues arose after one evening shift in July 2020 when a resident became agitated, requiring a number of workers to use restraint.
A staff member was kicked in the struggle and the patient was eventually tranquilised.
An investigation afterwards into the incident as well as “generalised concerns” about Ms Jackson led a senior manager to suspend her.
This was taken partly under the belief she took an unauthorised cigarette break — something she was alleged to do frequently — just before the incident unfolded.
Bosses at the firm said that meant remaining staff did not have adequate cover, leaving the building unsafe.
Ms Jackson, now aged 65, began to suffer ill mental health due to her treatment.
And she eventually quit her post after returning to an “extremely unpleasant work situation” at the company.
Tribunal witnesses described the culture afterwards as “toxic” with “cliques and bitchiness”.
An employment tribunal found in favour of Ms Jackson, who has more than 40 years of experience in the sector, after she sued Cygnet.
Judge: Disciplinary process a ‘shambles’
In a ruling, Judge Ian McFatridge branded the disciplinary process as a “shambles”.
He said: “The Tribunal’s view was that she (Ms Jackson) was entirely justified in having lost confidence in the respondent and that this loss of confidence was entirely
due to the way that the respondent had treated her over the previous nine months.
“The Tribunal’s view was that the initial disciplinary procedure
which was carried out by the respondent was a complete shambles from
beginning to end.”
He said it was clear that the senior support worker was given permission to take a break at the time by the duty nurse.
Ms Jackson could not be reached for comment but the ruling states the experienced care industry worker has not sought work since leaving the job.
It says she held a strong rapport with many of the patients at Thistle House and has been badly affected by the firm’s decisions.
She suffered and continues to suffer from anxiety and depression, the ruling says, conditions she had never experienced before her suspension.
Cygnet responds to ruling
In response to the ruling, a spokesperson for Cygnet said: “Care of our service users is our top priority and we are required to thoroughly investigate any alleged incidents.
“Our internal investigation and disciplinary process is robust and we are assured that effective systems are in place to both safeguard service users and enable staff to speak up about any concerns they may have.”
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