Anonymous complaints

Case 4: The facts

Mr Crisp, a care assistant in a nursing home, was suspended and later dismissed following an anonymous complaint that he had physically and verbally abused a patient.

A tribunal found that Crisp's dismissal was unfair because his employer had not provided him with details of this complaint - although it did provide witness statements, obtained during its investigation into his case, which contained other allegations of ill-treatment.

The ruling

The Employment Appeal Tribunal agreed that the failure to give Crisp details of the complaint, which must have been a significant reason for his dismissal because his employer referred to it in the dismissal letter, made his dismissal procedurally unfair. But, it said, it would be appropriate to reduce his compensation, on the basis that he contributed to his own dismissal and could have been dismissed anyway.

Brien T/A Merafield View Nursing Home v Crisp UKEAT/0056/05