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Former Monroe House care home staff clear names

Monroe House.
Monroe House.

Two workers at a controversial Dundee care home have been exonerated for their unfair dismissal.

Irene Taylor and her stepson Liam Stewart took the action to clear their names as their solicitor said there was no real possibility of them receiving compensation from the former owners of Monroe House.

The home on Americanmuir Road, which caters for adults with learning disabilities and autism, was at the centre of a police investigation after complaints that residents were mistreated.

It was owned at the time by Castlebeck Care Ltd which went into administration and is now operated by Danshell Adult Healthcare.

Ms Taylor and Mr Stewart raised employment tribunal proceedings against the administrators of Castlebeck.

She was a senior care assistant and he a care assistant, and the tribunal heard that in 2011 a female resident made an allegation of assault against him and another care worker.

They were suspended and a police investigation was carried out during which it was noted that the resident had a history of making unsubstantiated allegations against care staff and then withdrawing them.

The resident withdrew her allegation and Mr Stewart and his colleague returned to work.

In 2013 Mr Stewart was again suspended and investigated by the police over an allegation that he had abused another service user on two occasions. At a meeting with management it was put to him that the woman who made the first allegation had been pressurised into withdrawing it, which he denied.

At a disciplinary hearing the two later allegations were not upheld but the first allegation of assaulting the woman was upheld, and he was dismissed.

Ms Taylor was asked to attend an informal meeting in 2013 at which it was put to her that she had pressurised the woman to retract the allegation against her stepson. She was then suspended and dismissed.

Tribunal judge Ian McFatridge noted Mr Stewart’s position was never put to the female resident and Castlebeck did not take into account her history of making false allegations.

Mr McFatridge said there was very little investigation of the allegations and dismissal was unfair.

The claimants’ agent, Ryan Russell, of Muir Myles Laverty, said his clients had found it difficult to deal with their dismissal and obtain other jobs.

It was unlikely they would receive compensation from Castleback’s administrators but he hoped they would recover basic awards from the Insolvency Service.

Mr McFatridge found in their favour and issued orders for Castlebeck’s administrators to pay Ms Taylor £12,200 and Mr Stewart £6,615.