UT UA-2024-000745-V - [2025] UKUT 129 (AAC)

She had worked in the care sector most of her adult life. She had never been referred to DBS before. The reference was made 3 months after she had left EC ‘and in my opinion they had only submitted the allegation because I had left them short staffed and they weren’t going to end my contract just work at another service …’

She started work with EC on 1 December 2019 as a support worker at Property X. She became a whistle blower when she saw a member of staff stealing from a service user. CM and JWa were friends of the member of staff. They worked at the property and made her life difficult when they discovered who had reported the thefts. SLS then moved to Property Y where she was working when she resigned.

At that property, JW was one of the service users. He took an instant dislike to her. ‘As for me swearing at JW this had never been a case. I have never and would never swear at another service user. Regarding JW’s choices his GP had given staff guidelines to reduce JW’s intake of caffeine and diet so staff encouraged JW to drink less coffee and offer other alternatives ie: water, juice, tea and also his snacks trying to offer other things rather than chocolate ie: fruit, crisps, cereal bars but this was all staff and it was documented in his daily notes.’

ES and AP ‘have very high levels of learning difficulties and in my opinion seems they have been prompted to say such things.’

CM came to work at Property Y. SLS’s first shift with her was very awkward. CM said she would never forget what SLS had done. She had become SLS’s team leader. She then left and other staff said that she had informed management ‘about various things and other staff members.’ What she said about SLS was not true. Service users could use the kitchen during the night, but only if they did not disturb the staff who were sleeping in the next room. JW was always very loud.

When LA came to work at Property Y, SLS became frustrated at his attitude. Despite being new, he came across as knowing everything about the service and the service users.

Referring to SD’s statement, SLS said that JW had changed his story six or seven times when speaking to different members of staff. Management realised and took no action. She had never worked with SD on a shift but he was always coming for office supplies. He had made ‘a statement against me to support SP as they are now in a relationship.’

Since leaving EC, she had met JW in the street and they spoke. He was still unhappy living at Property Y and wanted his own flat. Staff would not let him do things he wanted to do.