We were recently approached by a company which specialises in operating residential care homes for adults with severe and enduring mental health problems. The company confirmed that one of its employees had been involved in a physical altercation with a service user. The employee then sought to allege that he had been constructively dismissed and that he was entitled to receive compensation from the care home. The employee argued that the care home had failed to protect him and that the altercation with the service user could have been avoided.

Our initial investigations revealed that a detailed and thorough care plan had been developed for use in connection with the service user. Using this information we were able to establish a strong defence to the claim. This was useful because even though the care home was prepared to defend the employee's claim, it was also keen to conclude a settlement and avoid the risk of possible negative press and publicity. The initial work that was carried out enabled us to adopt a strong line in subsequent settlement negotiations. Ultimately, the case was settled on a commercial basis (and without any admission of liability) with the care home paying the employee just under 1/5 of the sum that he had initially sought to claim.

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