Legal Compliance for Care Homes: Key Disability Discrimination Cases & Employment Law Updates.

Understanding Employment Law Risks in the UK Care Home Sector

The UK care home sector plays a crucial role in providing support for vulnerable individuals. However, recent employment tribunal cases have highlighted significant challenges that care home employers face, particularly concerning disability discrimination and legal compliance.

With the introduction of the Employment Rights Bill (2024), care home providers must proactively address employment law risks, ensuring they follow fair workplace policies while avoiding costly legal disputes.

This guide explores recent disability discrimination cases against care homes and provides practical steps for legal compliance.

Recent Disability Discrimination Cases Against UK Care Homes

1. Ms M Ceriaco v Hazelwell Care Home Ltd [2024]

Case Summary:
Ms. Ceriaco, a Senior Care Assistant, was diagnosed with fibromyalgia. Initially, her working hours were reduced from 48 to 30 per week to accommodate her condition. However, the care home later reversed this adjustment, insisting she return to 48-hour weeks against medical advice.

Tribunal Findings:
✔ The tribunal ruled that the demand to increase hours was unfavourable treatment related to her disability.
✔ Ms. Ceriaco was awarded £21,000, including £16,000 for injury to feelings.

Lessons for Care Homes:

• Respect Medical Advice: Employers must follow medical recommendations when adjusting working conditions.
• Maintain Reasonable Adjustments: Once accommodations are made, they should only change for justifiable reasons.
• Avoid Pressure: Employees should never feel forced to work beyond their medically advised limits.

2. Ms N Bodis v Lindfield Christian Care Home Ltd [2024]

Case Summary:
Ms. Bodis, a domestic assistant, suffered from anxiety and depression. Following a series of workplace disturbances (including vandalism), an investigation linked her to the incidents. She was suspended and later dismissed. She claimed unfair dismissal and disability discrimination, arguing that her condition influenced her behaviour.

Tribunal Findings:
✔ The Employment Appeal Tribunal (EAT) ruled that if an employee’s disability influences their conduct, it could be discriminatory to dismiss them without considering this factor.
✔ The tribunal deemed her dismissal as disability discrimination under the Equality Act 2010.

Lessons for Care Homes:

• Understand the Impact of Disabilities: Consider how a disability may affect an employee’s actions.
• Justify Disciplinary Actions Objectively: Ensure dismissals are based on fair, non-discriminatory reasoning.
• Adapt Policies for Disabilities: Care homes should accommodate disabilities during disciplinary processes.

Employment Law Updates: The Employment Rights Bill (2024)

The Employment Rights Bill (October 2024) introduces key changes affecting care homes and social care employers:

🔹 Day-One Right for Unfair Dismissal

Employees will be protected from unfair dismissal from their first day of employment.

🔹 Zero-Hours Contracts Reform

Employers must offer regular hours to workers who consistently exceed their contracted shifts.

🔹 Flexible Working Rights Expansion

Employers must provide clear justifications for refusing flexible working requests.

🔹 Enhanced Statutory Sick Pay (SSP)

SSP will now be available from Day 1 of illness, benefiting care workers who rely on immediate sick pay.

Why This Matters for Care Homes

These changes mean that care home employers must revise employment contracts, policies, and disciplinary procedures to remain legally compliant.

Legal Compliance: Practical Steps for Care Home Employers

1. Implement Strong Disability Policies

✔ Develop policies for reasonable adjustments and disability-related grievances.
✔ Ensure staff know how to request accommodations.

2. Provide Regular Training on Disability Rights

✔ Train managers and HR teams on anti-discrimination laws and best practices.
✔ Educate staff on how to handle sensitive cases involving disabled employees.

3. Conduct Fair & Transparent Investigations

✔ Ensure disciplinary processes consider an employee’s disability.
✔ Always seek medical or expert advice before making major employment decisions.

4. Maintain Comprehensive Records

✔ Keep detailed documentation of adjustments, complaints, and employment actions.
✔ If legal issues arise, this demonstrates compliance and protects against tribunal claims.

5. Stay Up-to-Date with Legal Changes

✔ Regularly review policies to align with new employment laws (e.g., Employment Rights Bill).
✔ Work with legal experts to ensure compliance with UK employment law.

6. Promote an Inclusive Workplace Culture

✔ Foster open conversations about disabilities and accommodations.
✔ Encourage an inclusive, diverse, and legally compliant work environment.

Final Thoughts: Ensuring Legal Compliance in UK Care Homes

Recent tribunal cases highlight the legal risks faced by care homes when failing to provide reasonable accommodations for disabled employees.

With the Employment Rights Bill (2024) introducing significant reforms, care home employers must act now to update policies, train staff, and adopt inclusive workplace practices.

✅ By learning from past cases and implementing compliance measures, care homes can:
✔ Reduce legal risks
✔ Foster an inclusive workplace
✔ Ensure long-term compliance with employment law

🔹 Need help with care home employment law? Contact Kalra Legal Group for expert HR & legal guidance tailored to the care sector.