April 23, 2019

A care worker recently won a £22k unfair dismissal claim after it was determined that a council’s investigation had not been thorough enough before dismissing her.

Accused Of Racism And Bullying

Amy Driver, a former team leader at a respite care centre for adults with special needs, was sacked after being accused of racism and bullying. She was later awarded £22,625 compensation by the employment tribunal.

The hearing at Leeds Combined Court heard that Miss Driver was let go after an investigation at Jubilee Lodge in Skipton. 

The employer claimed of a culture of bullying and harassment at the establishment underpinned by racial prejudice, homophobia and Islamophobia and called Miss Driver the ring leader.

Not Dealt With Appropriately

The employment tribunal found that North Yorkshire County Council didn’t deal with Miss Driver properly in March 2017, and deemed the circumstances under which she was fired “substantially and procedurally unfair”.

They determined that she had not been shown to have contributed to her dismissal.

Miss Driver had worked for the council since 2010, and appealed against the decision by the council’s disciplinary panel. She denied the alleged misconduct, but the council’s appeal panel upheld the decision.

The tribunal found that the council did not look into Miss Driver’s explanations for the claims, and did not attempt to explore further when she claimed of a conspiracy.

Judge O’Neill stated that the council’s investigation had not been sufficiently thorough and Miss Driver was then awarded the compensation as a result. 

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About the author 

James Rowland

James is the Commercial Director at Neathouse Partners and regularly writes articles surrounding issues in HR & Employment Law. Outside of the office, James is a keen Cricketer, playing in the Cheshire League for Nantwich CC. He also loves going to watch his football team, Crewe Alexandra. Feel free to connect with James on LinkedIn.

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