A CARE worker sacked for caring too much has won her case for unfair dismissal after it was ruled her employer acted in a "draconian" manner.
Linda Coote, who was the scheme manager at Prospect Place in Lingdale, was devastated when she was sacked for paying an out of hours visit to a terminally ill man - just two days prior to his death.
But an industrial tribunal has ruled her employer Home acted in a "totally irrational way".
Linda is now expected to receive compensation - after she was given just two weeks to move out of her on-site home.
Chair of the Thornaby tribunal, Tudor Garnon, said the company "had allowed itself to become so bogged down with written policies and procedures that it has robotically decided that any shortcomings which fall within a certain category must amount to gross misconduct, and therefore, must justify dismissal."
As reported, Linda had worked at Prospect Place for 14 years and had built up a close rapport with the residents, many of whom signed a petition to have her re-instated.
But her bosses at Home refused to back down claiming she had failed to comply with health and safety procedures and had breached their vulnerable adults policy.
With the support of the village behind her, Linda vowed to fight her dismissal and took it to an employment tribunal, which concluded this week.
Her daughters Clair and Stacey Coote, who run Statik Hair Salon in Lingdale, celebrated the news by making a congratulations banner for the outside of their shop.
Linda, 54, said: "It's such a weight off my shoulders that they didn't win this tribunal.
"They were wrong for sacking me just for loving my tenants, but to me they will always come first and that's how it should be.
"They're not just clients.
"They're real people and if they're dying and they want a face there that they know, what harm is it?"
Linda, who is married to Colin, 57, has however ruled out a return to the job she once loved.
"If I went with my heart I would go back tomorrow," she said. "But if I go with my head I know it would never work.
"Could I work with a company whose paperwork comes before people? I don't think I could. I'm too much of a people person.
"I'll always think fondly about the residents at Prospect Place, and they know if they ever need anything, they only have to get in touch."
Linda, of Meadowdale Court, Lingdale, is now working as a team leader at Kirkley Lodge Care Home in Coulby Newham, which is run by Anchor Homes.
"It's lovely and I'm really enjoying it," she said. "It's a company that really cares about people. Obviously I'm sad for my tenants at Prospect Place that it's over, but they still come and see me all the time."
Home also claimed that Linda had failed to correctly log safety checks on doors and fire extinguishers, but Mr Garnon made it clear this only showed "poor recording" as opposed to her "not doing the checks".
Executive director of housing operations for Home Jim Rafferty said he was "very disappointed" with the verdict of the tribunal.
He added: "We are now awaiting receipt of the full judgement and, therefore, until we consider it in its entirety it would be imprudent to comment at this stage. We will, however, be considering all our options and cannot rule out an appeal."
Linda would like to thank her friends, family and the residents of Lingdale for their continued support.
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Linda, I am happy to see the industrial tribunal have ruled that your employer had acted in a robotic manner.
I am just sorry a lot of people have now lost your professional care through this incident.
Surely Jim Rafferty must now realise your responsiblity to his residents came first in your actions and required corrective managerial advice... not disciplinery action.
I wonder if Jim ever admits he may be wrong sometimes?
I would suggest he takes a long close look at the way his company can use its own legislation and safety rules to encourage and train its staff to go that 'extra mile'in thier response to residents abnormal needs and wishes without fear of reprimand.
Caring is what a carer does and should not be in fear of dismissal for caring too much or 'out of hours', but should be guided, trained, groomed and appreciated by thier employer for that extra devotion.
your action was not much different from an Executive Director making decisions 'out of hours'
don't you think?
Good luck in your new post Linda,
Peter Roberts.