An Employment Tribunal has awarded a former Support Worker who was unfairly dismissed by her former employer, Xtra Healthcare Limited, compensation for loss of earnings as a direct result of her unfair dismissal. 

The award follows a judgment handed down earlier this year in relation to Mrs Muluswela, 63, from Northamptonshire, who had worked in the same role since 2014, and for Xtra Healthcare since a TUPE transfer in November 2022, before she was dismissed from her role on 12 July 2023.  

The Tribunal found that her dismissal was both procedurally and substantively unfair and had been actioned after Xtra Healthcare introduced sudden changes to staff rotas and pay conditions without consulting the employees or service users.  

These changes led to a significant reduction in Mrs Muluswela’s earnings, particularly with the loss of her ‘sleep-in’ duties, resulting in a grievance being raised by her, as well as the other affected staff, who all seemed to be employees who recently TUPE transferred to Xtra Healthcare 

While waiting for the outcome of the grievance, Mrs Muluswela requested leave for a pre-booked holiday, which was subsequently refused due to alleged insufficient notice—despite the delays caused by the new rota system. 

When Mrs Muluswela challenged these decisions, she faced disciplinary action over the tone of her emails and subsequent communications. Despite her exemplary work history over almost a decade in the same role, she was later dismissed without notice for gross misconduct. 

Following her ordeal, she contacted UNISON’s legal services through her union membership to take legal action against her former employer. 

An employment tribunal in Norwich in April 2024 found that her employer had imposed changes without any consultation with the employees, particularly those affected by the TUPE transfer. 

The judgment found that the allegations of misconduct in relation to Mrs Muluswela were unfounded and that Xtra Healthcare's decision to dismiss her could not ‘under any circumstances fall within the boundaries of the range of a reasonable response test’, adding that it was ‘not only procedurally but also substantively unfair’. 

The investigation carried out by her employer into her conduct was described by the Employment Tribunal as ‘poor, one-sided, and a sham’, with the judgment noting that Xtra Healthcare failed to engage in proper discussions with Mrs Muluswela regarding the allegations  

It read: ‘….a reasonable investigation at the very least you would expect them to sit down and discuss it with the person to whom the allegations are against the Claimant. That simply did not happen’. 

The matter subsequently proceeded to a remedy hearing, and Xtra Healthcare was ordered to pay Mrs Muluswela £9,221 compensation. This payment has now been made in full. 

Jazmeer Jackson, a senior lawyer at Thompsons Solicitors who represented Mrs Muluswela through UNISON’s legal services, commented on the case: "This judgment highlights the employer's failure to follow fundamental procedural fairness and consult with employees on changes that directly impacted their livelihoods.  

“The decision to dismiss Mrs Muluswela was both unfair and unjustified, and this ruling serves as an important reminder to employers of their responsibilities to conduct fair and thorough investigations when allegations regarding conduct are made. A failure to do so can have very serious consequences for the workers involved. 

“We are pleased to have secured this positive outcome for Mrs Muluswela, and hope this case encourages Xtra Healthcare Limited to review its internal processes to prevent similar incidents." 

Mrs Muluswela expressed relief at the outcome, stating: "This has been an incredibly stressful time for me. I simply wanted fairness and to be treated with respect after many years of loyal service. Instead, I was unfairly dismissed and had to fight for my rights. I am thankful for the support provided by UNISON and Thompsons Solicitors, who stood by me throughout this ordeal." 

UNISON referred the case to Thompsons Solicitors, who represented Mrs Muluswela at the tribunal.Â