In this case the respondent operates a residential care facility for the elderly and the claimant was employed as a care assistant from 1st August 2009 until her dismissal on 7th January 2013.

In December 2012, a colleague of the claimant complained to the manager that she had witnessed the claimant striking two residents. Following this complaint the manager placed the claimant on paid suspension and soon after an investigation meeting took place with the claimant, the manager and the Operations manager.

The outcome of this meeting was that the claimant was referred onto a disciplinary meeting. During the investigation and disciplinary meetings the claimant said she did not remember striking the residents but also said that she did