A Dundee nurse has told of her “horrendous” ordeal after winning an unfair dismissal case against a care home operator.
Cygnet Health Care gave Nicola McIntyre four suspensions and accused her of overmedicating care home residents.
The 50-year-old was awarded a four-figure payout at an employment tribunal.
She had been accused of giving “excessive” medication to residents with learning disabilities at Ellen Mhor private care home in Dundee.
The residential facility provides for up to 12 adults with learning disabilities.
Tribunal rules that Dundee nurse was unfairly dismissed
The tribunal heard that she was initially dismissed in 2020 from Cygnet’s Thistle House care home in Broughty Ferry for taking “brief but apparently unauthorised breaks”.
But Seamus Quigley, a manager, said: “It is possible that you left the unit unsafe during this time, but the lack of written communication and clarity on the management of breaks and cover at Thistle means that I find it difficult to uphold the decision made.”
Instead of being sacked, Ms McIntyre was moved to Ellen Mhor Care Home on Ellen Street in Dundee, also run by Cygnet.
There she was later accused of “excessively” medicating vulnerable residents and issuing more than other staff at the unit.
Ms McIntyre refuted the allegations.
She claimed to have administered the correct ‘as required’ medication having also worked more shifts than other staff.
She added that she “was being penalised for being a good nurse” by managers.
At the time, Ms McIntyre was given a final written warning by the company.
Judge Sandy Kemp, heading the three-person tribunal panel, could not conclude whether she had or had not violated company policy when medicating residents.
However, a unanimous decision found that Ms McIntyre had been treated unfairly by her employer.
The tribunal also found numerous flaws in its disciplinary procedures.
Medication and shift reports at Ellen Mhor were additionally found to be incorrect or incomplete, which the tribunal warned could “cause potential harm to the residents”.
Former employee feels ‘vindicated’ by decision
Ms McIntyre was awarded £8,345.
She told The Courier: “It’s been horrendous having this cloud of suspicion and wrongdoing hanging over me for the past two years.
“It was never about the money, that is of no interest to me in all of this.
“It’s about justice and clearing my name.
“The allegations made by Cygnet are wrong and the tribunal’s ruling proves that.
“I feel vindicated following the tribunal’s decision but it doesn’t make it alright.”
Woman resigned after grievance complaint
Ms McIntyre qualified as a nurse in 2003 and joined Cygnet in 2019.
She later took sick leave before lodging a formal complaint of bullying and harassment.
In November 2022 she resigned after learning that a grievance complaint she had lodged had not been dealt with.
The tribunal found that Ms McIntyre was an “honest witness, and one who was generally reliable” during the two-week hearing.
Furthermore, it added: “The tribunal members had not come across a case such as the present in their collectively lengthy and wide experience.
“That there had been so many suspensions, grievances, hearings and issues was considered close to if not actually unique.”
The Nursing and Midwifery Council (NMC) is also investigating the allegations but is still to reach a decision.
Cygnet Health Care declined to comment.
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