Justice for whistleblower mum sacked by care home
A CARE home whistleblower yesterday urged others to speak out over poor standards after winning her case for unfair dismissal.
Mother-of-three Kaley Sweetman, 45, was sacked after raising concerns at Orchard Manor Care Home in Chester.
She said she had only contacted the Government’s Care Quality Commission last September after fearing her concerns were not being listened to.
After other staff also contacted the CQC, it carried out snap inspections at the 93-bedroom home last November. Owner Fordent Properties Ltd said the whistleblowers were acting maliciously and Miss Sweetman – who was still in her probation period – was dismissed.
Compensation
But in March the CQC rated the home as “inadequate” and placed it under special measures.
Miss Sweetman, of Ellesmere Port, Cheshire, attended an employment tribunal in Liverpool on May 23 and it has now ruled in her favour.
The judgment states: “The decision to dismiss the claimant was wholly related to the reports she made to the CQC. The claimant’s dismissal was automatically unfair.”
Miss Sweetman said she will now seek to negotiate compensation and urged other care home whistleblowers to come forward. She said: “I’m happy the truth has come out. This has been really hard for me and my family but I still wouldn’t change the fact I spoke up and raised concerns.
“Anyone who has concerns should speak up without being afraid.”
The tribunal report states Miss Sweetman and two other care assistants visited home manager Miranda Debiasi “as a delegation” in September 2016 to raise “troubling” issues.
It said: “They said there was an insufficient number of staff to assist in getting the residents toileted, washed and dressed in readiness for the handover to the day staff.”
Despite stating the issues “endanger the health and safety of residents”, the home’s manager made no indication any action would be taken.
The tribunal heard that Ms Debiasi even told Miss Sweetman before she lost her job: “I won’t be blackmailed. If you don’t like it, you can leave.”
However, the inspections confirmed low staffing levels, restrictions on the use of incontinence pads, administration of medicine by unqualified staff and inadequate nursing training.
Fordent Properties has accepted yesterday’s ruling and said it was reviewing whistleblowing procedures.
A spokesman said: “We take our duty of care to residents and staff very seriously and are disappointed that on this occasion we have fallen short of our own high standards.
“We respect and accept the outcome of the tribunal. We have learnt from this experience and are moving forward positively. We have new management within the home.”