Anaele v Signature Senior Lifestyle Operations Limited [2023]

Background: 

The claimant was transferred from her previous employer to the respondent under TUPE.  The claimant’s role was as a senior care assistant providing personal care to residents in a care setting. 

In July 2022 an issue occurred by which the duty manager was contacted by the police.  The issue arose after voicemails were left on the district nurse’s phone in the early hours of the morning.   The voicemails were made accidentally and came from the claimant’s phone.  In one of the inadvertent recordings a staff member could be heard shouting at a resident.  The resident could be heard saying that she was in pain. As a result, the claimant