Carers sacked from the Dales, West Kirkby win their tribunal for unfair dismissal and sex discrimination

Aug 20 2008 by Sue McCann, Birkenhead News

CARERS at the centre of abuse allegations at a Wirral care home have spoken of their relief that their “traumatic ordeal” was finally over.

A total of 14 staff at The Dales in West Kirby last week won their case for unfair dismissal and sex discrimination at a Liverpool employment tribunal.

It also emerged that they had been exonerated by an independent safeguarding authority for the alleged abuse of elderly residents at the care home.

Ex-manager Leann Chrisp, speaking on behalf of the group, said: “We are all relieved that this traumatic ordeal is now over, after nine long months.

“We have all suffered emotionally and financially and one person even lost their home.

“Myself, Morag DeVoy, ex-deputy manager, and Jennifer Hughes also had the added upset of being referred to the Protection of Vulnerable Adults for alleged abuse of our former residents.

“An investigation by the Commission for Social Care Inspection was conducted and no action was taken.”

Their ordeal began shortly after the former Marine Road Care Home was taken over by Kate Armstrong-Shone last autumn.

A series of claims were made about the treatment of residents in late October, but a probe has ended without any action being taken.

The tribunal ruled that 14 members of staff were unfairly dismissed by the new management and some had been subject to sexual discrimination.

The hearing heard that Armstrong-Shone should have attempted to meet with the staff after they had left the Marine Park home. It also found that she should have gone through the standard disciplinary procedure if she felt there was cause for dismissal.

But Keith Robinson, chairman of the tribunal, said the owner had not gone through these steps.

He said: “The nature of their dismissal affected them greatly. Their jobs fitted their lifestyle and family lives and education commitment, and that’s why people have jobs in residential homes – to fit with their lifestyle.”

Each carer had tried to get new jobs, Mr Robinson added, but had been unable to get employment in the care industry. Outside court, Julie Sillito, a legal representative for the complainants, said: “The tribunal has also decided that none of the claimants was guilty of any contributory fault.

“Four of the claimants were successful in claiming indirect sex discrimination (changes to their shifts) and one was successful in her claim for direct sex discrimination, namely failure to pay maternity pay.”

The victorious carers will now also be given 50% on top of whatever compensation they are awarded for loss of earnings.

Mr Robinson will also assess how much each person is due for injured feelings and indicated this could reach up to £5,000.

Margaret Armstrong, The Dales’ company secretary and mother of owner Miss Armstrong-Shone, said she was devastated.

She said: “We only bought the company 10 months ago, so where do they expect us to get the money from.

“We’ve had two weeks of strain in the tribunal, and we’re now just tired and want to go home.”