In Galang v Kestrel Grove Nursing Home, the claimant returned to work following absence due to suspected COVID-19, and was shouted at by his manager and accused of lying and falsifying sick notes. The Employment Tribunal found in favour of the claimant and the claim for constructive unfair dismissal was successful. You can read the full judgment here: Galang v Kestrel Grove Nursing Home.
Background of the case – Galang v Kestrel Grove Nursing Home
Galang was employed by Kestrel Grove Nursing Home (Kestrel) as a Domestic Assistant in their nursing home from 2006, until his resignation in May 2020. Galang was described by his manager, Mr Tripp, as a ‘good worker’.
In March 2020, shortly after the start of the COVID-19 pandemic, Galang became unwell. After contacting 111 for advice, Galang was advised to self isolate due to the nature of his symptoms. His GP later issued two fitness to work notes recording ‘suspected Covid 19’.
After approximately six weeks off, Galang returned to work on 5 May 2020. During his first day back at work, Galang noticed that staff working in the kitchen were not wearing facemasks. He mentioned to a colleague that he would raise it with the matron, and made a joke about reporting it to the Care Quality Commission (CQC) which regulates care homes.
Mr Tripp became aware of Galang’s comments. A meeting was held, during which Mr Tripp questioned Galang about whether he had threatened to report the company to the CQC. Galang said that he initially denied it as he was scared. Mr Tripp then became angry and started shouting, accusing Galang of not being a loyal employee and being ungrateful, and pointed his finger in Galang’s face. Mr Tripp questioned whether Galang’s absence had been genuine, and accused him of lying to his GP and falsifying doctors notes. Mr Tripp ended the meeting by saying that he was going to be ‘on his back every 5 minutes’.
Galang said that he felt scared and that he was shaking. After the meeting, he removed his belongings from his locker and told Mr Tripp that he was leaving. Mr Tripp responded, in front of colleagues, by saying that he did not care.
Mr Tripp later wrote Galang a letter issuing him with an informal warning for falsifying sick notes, absenteeism and ‘talking to a colleague about reporting the home for breach of PPE’.
Galang resigned two days later, citing Mr Tripp’s behaviour as the reason for his resignation.
Galang v Kestrel Grove Nursing Home at the Employment Tribunal
The Employment Tribunal found that there was no reasonable and proper basis for the allegations of lying or dishonesty and that no investigation had taken place. Reference was made to the timing of the allegations which coincided with the perceived threat of being reported to the CQC.
The Tribunal found that Mr Tripp had acted in an aggressive way by shouting, pointing his finger, belittling Galang’s employment in front of his colleagues and threatening to make his working life difficult. The Tribunal held that Mr Tripp’s actions were a breach of the implied term of trust and confidence which amounted to a breach of contract, and that Galang’s decision to resign was a direct result. As Kestrel were unable to demonstrate a fair reason for the dismissal, the claim for constructive unfair dismissal was successful.
Practical takeaways for employers
Galang v Kestrel Grove Nursing Home provides some important learnings for employers. The case illustrates the importance of:
Remaining professional at all times
It is imperative that employers’ behaviour remains calm and professional at all times. Aggressive behaviour will never be acceptable. Here are some tips for handling difficult conversations calmly:
- Ensure you are in the right frame of mind. Don’t rush into difficult conversations, particularly if you are feeling frustrated or annoyed;
- Ask an appropriate colleague (such as a HR person) to accompany you during meetings;
- Carefully prepare how you will approach the conversation, the questions you intend to ask and how you may respond to the employee’s questions;
- Genuinely listen to what the employee has to say and try to keep an open mind; and
- Don’t be afraid to take a break or adjourn the meeting if needed.
Conducting a full and fair investigation
If an employee is suspected of dishonesty or any other misconduct, a full and fair investigation should be conducted. Accusations should not be made without reasonable grounds to base them on. Further information is available in our guide: How to Handle a Disciplinary Issue.
Taking employee’s health & safety concerns seriously
Employers have a duty to protect the health, safety and welfare of their employees. Where employees raise concerns about health & safety, these should be heard in a considered way.
Employers should meet with the employee to listen to their concerns, and genuinely consider the risks posed and whether any action is needed to ensure the safety of the workplace.
Taking detailed notes of meetings
One of the factors influencing the judgment, was the inability of Kestrel Nursing Home to provide detailed notes of the meeting held between Mr Tripp and Galang. Amongst other things, this impacted the credibility of Kestrel Nursing Home’s account of events. It is extremely important to take notes of meetings, which can then be relied upon at a later date if necessary. Notes should be detailed, and taken at the time of the meeting (not several days later).
What can we do to help?
If you would like employment law advice to avoid an outcome like the one in Galang v Kestrel Grove Nursing Home, please contact our team on 0330 223 5253 or office@fitzgeraldhr.co.uk. We would be delighted to help you.
We hope you found this guide useful. You may also find the resources below helpful.
