A NURSE of 17 years’ experience was fired after displaying “astonishing” incompetence in administering medicine to care-home residents, a tribunal has heard.
Hyacinth Downer was ultimately dismissed by LV Care Group following an incident when she stood by and watched as an end-of-life patient – who needed medication to relieve her symptoms – was in distress, the Employment Tribunal heard.
“In the simplest of terms, Ms Downer did nothing to assist, not even by raising the issue with a colleague,” the tribunal’s deputy chair, Advocate Ian Jones, said in a judgment raising concerns about her continuing to practice.
After being dismissed, Ms Downer brought an unsuccessful claim for racial discrimination to the tribunal against her employer and two employees.
The tribunal found that the action was “a clear example of someone seeking to exert pressure on a former employer without real hope or prospect of success”.
Commenting on the reasons for dismissal, Advocate Jones said: “The tribunal has no wish to destroy Ms Downer’s confidence but suffice it to say there was overwhelming evidence that she was not competent to administer medication to the residents.
“The tribunal thought that this dynamic alone was astonishing. The claimant had 17 years of experience as a nurse and being able to administer medication competently would seem to be not only a fundamental requirement of the role but also one of the most basic. It was astonishing that this was seemingly beyond [her] and it is of concern to the tribunal that she seemingly continues to work in this field.”
Subsequently, as a result of an unrelated complaint after she left LV Care Group, Ms Downer was referred to the Nurses and Midwifery Council, which imposed 12 conditions of practice on her, including a restriction preventing her from having any role in administering medicine.
Shortly after receiving this news, she made her own complaint to the council about the company’s deputy manager, which it dismissed as unfounded, and was described by the tribunal as “both vexatious and vindictive”.
During the course of the racial-discrimination hearing before Advocate Jones – who was sitting with panel members Anne Southern and Michael de la Haye – Ms Downer also claimed that the deputy chair was biased and discriminated against her, and she asked him to step down.
Advocate Jones said that the panel’s view was that this was intended to secure an adjournment because the hearing “had not gone particularly well for her”.
Ms Downer then engaged in a “silent protest” in response to the refusal of Advocate Jones to step down.
“Needless to say, this did not assist Ms Downer’s cause in any way. On the contrary, it reflected very poorly on her and only served to reinforce the case that was being presented against her by the respondents,” Advocate Jones said.
The tribunal also expressed surprise that, having been dismissed by LV Care Group, Ms Downer then applied for a different position with them, prompting the deputy chair to observe: “In our view, one of the great strengths of the tribunal is that it is a ‘no-cost’ jurisdiction, which means that anyone can bring proceedings without fear of severe financial penalty in the event that they fail.
“While this is a great strength of the tribunal it also has a significant downside, in that it enables a person, should they so wish, to bring proceedings as a tactical measure, in order to exert financial and/or resource pressure on employers so as to force them into settling proceedings or making concessions (such as allowing someone who has been dismissed back to work).”
