A care home manager has won more than £100,000 in Employment Appeal Tribunal after being sacked for asking for hours to be reduced after suffering a stroke.
Marie Raphael successfully sued her employers for Discrimination on the basis of disability and unfair and wrongful dismissal, winning a total of £100,840.34 in damages in October 2021, five years after he was sacked.
She has been dismissed from the Trentside Manor Care Home in Stoke after telling her boss, Pargan Dhadda, to reduce her working hours to four days a week.
She has worked in a care home since 2011, and in 2015 she suffered a stroke that left her with low energy levels. She also suffers from chronic obstructive pulmonary disease and chronic heart disease, which makes her feel exhausted.
In May 2018, she told Mr Dhadda to work four days a week, to avoid catching the disease, which he agreed to “reluctantly”, a Birmingham court heard.
However, Ms. Raphael has been subjected to numerous allegations of misconduct relating to a “minor error” and has been dismissed after a disciplinary hearing.
There was no consideration
Disciplinary proceedings were kept within Mr. Dhada’s family, as his nephew held the main hearing, and his cousin was responsible for Mrs. Raphael’s failed appeal.
The court said it had an “insufficient opportunity” to hear the case against her and to defend herself. She gave evidence that she felt Barjan Dada was not listening to her.
“There was no regard for her length of service or her impeccable record.”
The court was told that Mrs. Raphael’s mental health had “greatly deteriorated” after he left her, and she had been forced to work a temporary job at Boots to secure an income.
“After her dismissal, her self-confidence evaporated,” the statement read. “I have dedicated over 20 years to the care sector and love the job and the people you care for.
The court was told that the dismissal had come as an “enormous shock” to her.
The hearing was told: “She has dedicated herself to the care home and has made many improvements.” “She loved the residents and got along really well with the staff.”
He had no real interest
The care home claimed Ms Raphael had to quit the job because she was “physically demanding” and was “struggling to fit in”. They also said that Ms. Raphael was guilty of “gross misconduct”.
But the judge found that Mr. Dedda was looking for the first opportunity to remove Ms. Raphael and that the disciplinary process was merely a “pretext”.
“He immediately proceeded, as quickly as possible, to take basic disciplinary steps, simply to try to meet the mandatory procedural requirements,” said Liz Ord, the court’s working judge.
“He had no real interest in finding out whether the plaintiff had actually committed any misconduct.”
The Telegraph has contacted Trentside Manor Care Home for comment.
