Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 442 (AAC)

Fecha: 31-Oct-2024

A brief summary of the background to this appeal

A brief summary of the background to this appeal

Background

The Applicant is a Registered Nurse who, in July 2022, was employed at a Care Home which is part of BUPA Care Services [the ‘Care Home’].

At 02.30 on 14 July 2022, during an unannounced night visit to the Care Home, the Applicant was found in a recliner chair, with blankets over her and apparently asleep, at a time she was supposed to be on duty. Two other staff members were located elsewhere in a similar state, also apparently asleep. Further investigation identified that repositioning charts had been pre-completed until 06.30 that morning, suggesting that residents had been repositioned when they had not.

An investigation report by BUPA, dated 23 August 2022, concluded that the Applicant had been asleep whilst on duty and that she had falsified records. A subsequent disciplinary hearing on 6 September 2022 reached the same conclusions and terminated the Applicant’s employment for gross misconduct, effective from 14 September 2022.

On 7 November 2022, an Appeal of that decision was considered. The grounds raised by the Applicant were, essentially, that the Dismissing Officer had:

(a)

failed to take adequate account of her evidence that she was not, in fact, asleep as alleged;

(b)

failed to take adequate account of her candour in admitting from the outset that she had pre-populated the records in question;

(c)

failed to take adequate account of her unblemished career with BUPA of over 10 years;

(d)

pre-judged the outcome of the appeal; and

(e)

failed to give adequate consideration to a lesser sanction.

(f)

None of the grounds of appeal were upheld.