Local News · Swindon
Support worker sacked following unauthorized journey and vehicle crash in Wiltshire
By Swindon Now Editorial Team · Published
A Swindon support worker has lost an unfair dismissal claim after a tribunal found he endangered a vulnerable service user during an unauthorized car journey.
A Swindon support worker, who was dismissed for gross misconduct, has had an unfair dismissal claim rejected by an employment tribunal. The tribunal concluded that the worker, who had been employed by Dynamic Support Limited, exposed a vulnerable person to significant risk through unauthorised actions.
The incident occurred on 17 May 2025, when staff shortages resulted in the support worker, Mr E R Amobeda, being left alone with a service user. The individual required two-to-one support while in the community, a requirement that was not met due to the staffing situation. Instead of alerting management to the issue, Mr Amobeda embarked on a lengthy, unauthorised drive through Royal Wootton Bassett and Calne, deviating significantly from the service user's established care plan.
The situation escalated when the vehicle was involved in a road traffic collision. While there were no injuries sustained by those in the vehicle, the incident led to a disciplinary investigation. Mr Amobeda was subsequently dismissed in June 2025 from his position, which was based primarily at Eastbury House in Swindon.
Following his dismissal, the former employee initiated an employment tribunal claim, arguing that he had been unfairly dismissed following a complaint he made to the Care Quality Commission (CQC) two days after the crash. However, Employment Judge J S Burns rejected this argument, ruling that the CQC report did not qualify as a protected disclosure.
The judge noted that the employer already had robust safeguarding procedures in place, and that the incident occurred because those existing protocols were not followed. Furthermore, the tribunal found no evidence that the employer was aware of the identity of the complainant at the time the disciplinary process was initiated, as the disclosure had been made anonymously. The tribunal determined that the real reason for the dismissal was the breach of care plans, a failure to report staffing difficulties, and the subsequent safeguarding risks imposed on the service user.
Despite dismissing the claim of unfair dismissal, the tribunal issued a critique of Dynamic Support Limited regarding its conduct during the legal proceedings. The company was found to have failed to disclose essential documentation until the hearing itself—a delay that the judge noted could have potentially prevented the case from reaching a full hearing. Consequently, the employer was ordered to pay £850 in costs to the claimant.
The judgement was published in full after the tribunal refused a request from the claimant to have the details anonymised, citing the importance of open justice.
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