Unfair dismissal claim rejected at tribunal

The former manager of a Pensnett care home for the elderly and infirm has lost her compensation claim for constructive unfair dismissal.

Susan Bastable of Norton, Stourbridge, resigned after the owners of the Alexandra Care Home at Pensnett engaged another manager while Miss Bastable was on holiday.

The new appointment followed an inspection of the premises by the Commission for Social Care, Birmingham Employment Tribunal was told. Miss Bastable made her claim for constructive unfair dismissal against Jayant Patel and his wife who had bought the home in 2007.

Mr Gareth Price, representing the Patels, told the tribunal the Commission for Social Care said the home was adequate, which was a mark down on the previous year.

Mr Price said the commission discovered the care plan system listing details about residents, their treatment and monitoring checks, was not adequate.

When Mr Patel was told about the commissions findings, he brought in another manager while Miss Bastable was on holiday, and later offered to relocate Miss Bastable to one of his other care homes.

Miss Bastable eventually resigned, prompting her claim for constructive unfair dismissal.

Miss Bastable complained the home, which had 50 residents at its peak, had been short-staffed at one stage and she had to devote more time to nursing duties instead of managerial work.

Tribunal chairman Mr David Kearsley said the Patels had bought the home in 2007 and that the Commission for Social Care carried out the inspection in 2008.

Mr Kearsley described Miss Bastable as diligent and hard-working but rejected her claim for constructive unfair dismissal.

Miss Bastable told the hearing she had another job.