An employee who was sacked by a charity for giving two paracetamol tablets and a hot water bottle to a woman with dementia has been awarded more than £17,000 for unfair dismissal.
Rebecca Tarlow, a house manager for Jewish Blind and Physically Disabled Society, gave the items to the elderly woman who was in pain following a fall, a tribunal heard.
But administering medication was against the charity’s rules and, following a disciplinary hearing, Tarlow was sacked for gross misconduct.
She took JBPDS to a tribunal and was awarded a total of £25,771 for unfair dismissal. The payout was reduced by 33 per cent to £17,267 to “reflect the extent to which the claimant’s conduct contributed to the dismissal”.
The tribunal report, published yesterday, said the charity provided independent living accommodation and support to Jewish adults who had a physical disability or impaired vision, or both. It provided apartments to tenants at seven sites but did not give primary care to its tenants.
Tarlow worked for JBPDS from December 2017 to March 2022, including at Frances & Dick James Court in Finchley, north-west London, where the incident took place.
The tribunal heard that Tarlow’s duties included making a twice-daily call round, responding to alarms and care of tenants who were ill.
But the tribunal report added that “staff did not provide medication to clients” or “fit any medical appliance” – rules included in the contract of employment.
It said: “The tenant was in bed and in pain as a result of a fall. Her carers gave her paracetamol. The tenant was not able to take paracetamol herself without help, as the paracetamol was in her kitchen, and she was not mobile enough to get there herself.”
It added that, on 25, 26 and 27 February 2022 she repeatedly rang Tarlow, saying she was in pain.
Tarlow “refused to give her pain relief on numerous occasions and the tenant would swear at her when she was not given what she wanted”.
The pressure told and, on 27 February, Tarlow “gave her two paracetamol tablets from the packet in the kitchen, with a glass of water, and a hot water bottle which was also for pain relief”.
The actions got back to her employer and, although Tarlow did not deny what had happened and had never been disciplined before, she was suspended on 2 March, the tribunal was told.
A disciplinary hearing was held on 11 March, then reconvened on 15 March, where Tarlow was informed of her dismissal for gross misconduct.
The tribunal heard that the dismissal letter said she had “given a vulnerable tenant two paracetamol, putting her at risk of an overdose”, and giving the same tenant a hot water bottle “putting her at risk of burns and scalding”.
Employment Judge Jack, presiding over the tribunal, said the decision hinged on the finding that Tarlow’s actions were “dangerous”.
However, the judge said: “Pharmacologically, taking 10 paracetamol tablets over a 24-hour period would not be a cause for concern and would not require an ambulance to be called.
“Prior to giving the tenant the hot water bottle the claimant took steps to ensure that the tenant would not be scalded. So the claimant’s actions were not negligent to a very high degree. They were not dangerous.”
The judge added that Tarlow was entirely honest about what had happened and knew she had broken the rules.