Weir & ors (the Firm of Brae Cottage Residential Home) v Stewart - Band of reasonable responses in an unfair dismissal case  EAT
The assistant manager of a residential care home was dismissed for misconduct by its new owners.
She won an unfair dismissal claim and the employers appealed. She had toileted two residents in a bathroom where another elderly resident was sitting in her wheelchair naked, waiting to be bathed.
The Dundee employment tribunal found that dismissal was not within the range of reasonable responses open to the employer largely because this practice had occasionally occurred when the home was being run by its previous owners.