The Complainant commenced employment with the Respondent in 2007 as a nurse. From June 2016 she mainly worked in a specialist, long term unit. The Complainant’s employment was terminated as a result of an incident involving a patient.

In May 2017, the Complainant was one of four staff on duty and among the residents in their care was an elderly man with serious health problems. In the course of the night the resident became very difficult and in response the staff arranged for him to spend the night sitting in a day room; a room not intended to be a sleeping area and not in his own bed. He was not supervised for most of the night and he