Care Assistant Wins Unfair Dismissal Claim Over Murder Charge
A care assistant who was unfairly dismissed after being charged with murder has won her case against her employer, Care UK Community Partnerships. The employment tribunal in Edinburgh ruled that the company had failed to properly investigate the potential reputational damage caused by the charges before dismissing the employee.
Jacqueline Difolco worked for Care UK at Cairdean House, Edinburgh, until her dismissal in November 2022. In October 2022, she was arrested and charged with murder along with three other defendants. Difolco was later acquitted of all charges.
Following her arrest, Care UK suspended Difolco pending an investigation. However, the tribunal found that the company’s investigation and report made “no assessment of any risk of reputational damage” and that “alternatives to dismissal were not considered in discussion with the claimant.”
The tribunal concluded that the dismissal was unfair and awarded Difolco a basic award of £1,860.
What can employers learn from this case?
This case highlights the importance of careful consideration and due process when dealing with employees facing criminal charges. Employers should:
- Conduct thorough investigations: Before taking disciplinary action, employers should thoroughly investigate the circumstances of the criminal charges and assess the potential reputational damage.
- Consider alternatives to dismissal: If possible, employers should explore alternative options, such as suspension or reassignment, before dismissing an employee.
- Communicate openly with employees: Employers should maintain open communication with employees throughout the process and provide them with opportunities to explain their situation.
By following these guidelines, employers can ensure that they are acting fairly and legally while protecting their business interests.#
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