Article & Journal Resources

Dec 4 2007 by Ben Glaze, South Wales Echo

A CARE home worker sacked after a patient’s death has won a claim for unfair dismissal.

Rachel Close, who was charged with Adam Morris’ manslaughter before the prosecution was dropped, was fired by Rhondda Cynon Taf council for gross misconduct.

She was dismissed in October, 2005 after a disciplinary panel heard she slept on duty and swore in front of patients.

But an employment tribunal issued a damning verdict on the council’s investigation procedures and upheld 39-year-old Mrs Close’s complaint.

Mrs Close was suspended in May, 2003 following 23-year-old Adam’s death.

The cerebral palsy sufferer, from Beddau, near Pontypridd, suffered severe brain damage after being starved of oxygen when his head became trapped in a bed at the Clwyd Wen respite home in Miskin. He died five days later.

An inquest last year heard allegations from colleagues of Mrs Close that she was “aggressive” to Adam and swore about him to her workmates.

Detectives charged her with Adam’s manslaughter but the case was dropped before it came to trial.

However, the council used police witness statements to make a misconduct case against Mrs Close and sacked her from her £17,000-a-year job.

But she appealed and a Cardiff tribunal upheld the complaint. She now faces a payout from the local authority.

The judgement came in August, but the Echo is able to report it only now after RCT council last month pleaded guilty to three Health and Safety charges over Adam’s death.

Mrs Close, of Tonteg, near Pontypridd, said today: “The allegations people were making against me were serious and I agree that if the council is presented with those allegations it has to investigate. But I wasn’t given a fair hearing.”

She told the Echo she had sworn and was sometimes late, but denied she was guilty of misconduct or sleeping on duty.

“I swore – we all swear in all walks of life. But I would never swear at one of my clients,” said Mrs Close, who takes tablets for depression and receives £78.50 a week incapacity benefit.

“I might have been one or two minutes late, but I was never late all the time. It was said I went home early and arrived late – it was all rubbish.

“If they investigated properly they would have found out I was telling the truth.”

In 2005, Mrs Close’s sister Deborah Waters, the Clwyd Wen manager, was cleared by a jury of wilful neglect over Adam’s death.

Four and a half years since the tragedy, Mrs Close is banned from working with vulnerable adults – a move she wants overturned.

The mum of four, who lives with her electrician husband Rob, spent 18 years working as a council-employed carer before 2003.

She pointed out the only party convicted over Adam’s death is RCT council for failings in risk assessment and ensuring safety.

Adam’s parents Paul and Meryl were disappointed Mrs Close’s appeal succeeded and said: “The council has let us down again.”

A local authority spokeswoman said the council was “vigorously appealing” Mrs Close’s victory and a hearing is scheduled for the new year.

She said it would be inappropriate to comment further.

ben.glaze@mediawales.co.uk