Walsall care home nurse was unfairly dismissed

A QUALIFIED nurse who refused to take job as a cleaner when new bosses took over the care home where she worked has won her case for unfair dismissal.

Jacqueline Owen of Cherry Tree Avenue, Walsall, had been employed by Valley Nursing Home Ltd in Perry Barr for eight years as a nurse.

But the home closed down after Birmingham City Council withdrew funding after a probe into standards.

Mrs Owen declined the cleaning job offer by Elan Cedar Court, who took over the home, Birmingham Employment Tribunal was told.

Mrs Owen, who made a compensation claim for unfair dismissal, unpaid wages and holiday pay, was awarded £3,747 against Valley Nursing Home Ltd after the tribunal decided she had been unfairly dismissed.

Sheila Smith, who ran the Valley Nursing Home with her husband Roger, told the tribunal the home closed after Birmingham Social Services stopped paying thousands of pounds in fees for the elderly residents.

The home had 60 beds and up to 70 staff at its peak and Mrs Smith complained she could no longer afford to run the premises after the funding stopped.

Letters were sent to staff explaining the circumstances and apologising for the situation, the tribunal was told.

Mrs Smith denied, Mrs Owen’s claim that she had been dismissed and said she had resigned. She said she had stayed on for an interview for a new job with Elan and resigned after rejecting the offer.

“Elan agreed to take on some of the staff who had more than two years’ service,” said Mrs Smith.

Tribunal chairman Mr John Goodier said he was satisfied Mrs Owen had been unfairly dismissed because she had not been offered the right to appeal against the loss of her job.

He described both Mrs Owen and Mrs Smith as honest witnesses but said that Mrs Smith had not been aware of the correct dismissal procedure.

The £3,747 award payment included £271 in unpaid wages and £275 holiday pay.