[2024] UKUT 258 (AAC)

TH was in his late 50s; AW first worked with him in 2015; he had mental illness, learning disability and physical disabilities. TH was supported with personal care and preparing of food. AW’s evidence was that TH was difficult as a patient. AW’s evidence was that TH had a history of physical assault on staff. AW’s evidence was that TH had physically attacked her in her first few months of working in the home and was regularly racially abusive to her (and other support workers who were black). AW’s evidence was that TH regularly told her “get lost”, “I hate you” “I don’t want you” and verbally threatened to harm her.

AW’s evidence was that TH would allow some staff to perform personal care, but not others; that the care home arranged for TH’s preferred members of staff to come in early in the morning to attend to his personal hygiene; that AW’s previous manager had arranged matters such that, for AW’s safety, AW did not have to attend on TH; and that the manager at the time of the relevant incidents (GB) was aware of this.