Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 238 (AAC)

Fecha: 27-May-2025

DBS’s finding that whilst employed at the nursing home, AB frequently exhibited hostility and unprofessional conduct towards a number of her colleagues

DBS’s finding that whilst employed at the nursing home, AB frequently exhibited hostility and unprofessional conduct towards a number of her colleagues

34.

AB, consistent with her case as understood at the time of the permission decision, maintained in oral evidence that this finding was not fair and accurate and, in particular, she denied any racism.

35.

In cross examination, AB was questioned about

her “snappy” response to MM, the registered nurse, in the incident involving the service user in the state of undress (“snappy” was the word AB herself used (for her response to MM) in the investigation interview on 10 March 2023 (in reaction to MM’s alleged rudeness to her) – page 45 of the bundle);

AB’s subsequent apology to MM (page 47);

AB’s tendency to shout; as she is recorded (at page 48 of the bundle) as saying in the 10 March 2023 investigation meeting

I am calm, I put 110% in I will do anything for these guys. If I need to shout, I will shout. If I need to raise a concern, I will.

in response to being asked whether it was appropriate to shout, AB being recorded (at page 49) as saying:

No. I am a very passionate and emotional person. I will treat these guys like they are my life.

36.

The documentary evidence included:

AB reflecting at the investigation meeting on 10 March 2023 that she had “gone over the line sometimes” in her dealings with colleagues (page 53 of the bundle);

TM observing at the investigation meeting on 23 February 2023 that AB talked to people “not very nicely”; she was “bossy” but did not do a lot; she tended to clash with most staff (page 71);

IP observing at the interview on 28 February 2023 that, in the Christmas Day 2022 incident, AB “was really shouting and very rude with [MM, the registered nurse at the nursing home]” (page 73 of the bundle); and that MM had reacted to the incident where the service user had an epileptic seizure by telling IP that AB was “always shouting at her and disrespecting her all the time” (page 74);

AJ observing at the investigation meeting on 1 March 2023 that AB was always arguing with people with whom she did not agree; that if you did not know how to reply to AB, she would “bully” you and “shout” at you what to do all the time (page 85);

AD observing in the interview on 28 February 2023 that AB was “always shouting” and “always very rude” with other staff (page 88);

RG saying in the interview on 28 February 2023 that she had witnessed AB shouting at staff and nurses and being rude (page 94).

37.

AB’s arguments on this evidence included that:

there was a coordinated effort to tarnish her character rather than genuine concerns about her conduct; AB cited the fact that IP had not heard any negative feedback about AB before the emergence of these rumours as pointing towards a calculated attempt to discredit her; and two sets of accusations shared identical content in emails sent concurrently, supporting the idea of a planned attack on her reputation; and

there were tensions between her and MM.

38.

On the first of these points, AB appears to be referring to IP saying in a 28 February 2023 interview (page 75 of the bundle), in response to being asked if the kind of incident that occurred on Christmas Day 2022 had happened before

I haven’t witnessed this before. I don’t have incidents with her, she is very nice to me, I don’t know why. We have a lot of verbal complaints from staff but no-one wants to put it in writing.

When then asked if this had been addressed in AB’s supervisions, IP responded:

No, she hasn’t had a supervision for a while now and at the time I didn’t know there was issues. It’s only now since you started this investigation, staff are talking and I hear a lot of complaints now. …

When then asked why she thought staff did not want to report issues with AB, IP responded:

I think they are scared of her. They don’t want to be interviewed, they are scared to come and talk to you about this now.

39.

In our view, the documentary evidence is reliable and supportive of DBS’s finding that AB frequently exhibited hostility and unprofessional conduct towards a number of her colleagues: we have detailed evidence of two fairly fiery clashes with MM (the Christmas Day incident and the service user in the state of undress incident); AB’s own evidence is that she sometimes shouted and “crossed the line” with colleagues, and that she and MM on occasion clashed seriously; we are not persuaded of a “coordinated effort” (in effect, a conspiracy) against AB – in particular, the documentary evidence from IP, when presented in context as we have done above, does not support the existence of such a conspiracy.