Good Samaritan carer sacked for taking lonely patient home for New Year's Day dinner

A Scottish support worker was sacked after inviting a disabled patient to share New Year's Day dinner with his family after the man's relatives could not take him.

Paul McPhail brought the patient to his home after his brother said he could not accommodate him to ring in the new year.

The brother had given his approval for the arrangement last January, the carer told the tribunal.

A social worker alerted Mr McPhail's deputy line manager to the home visit the next month.

But Lifeways Group terminated Mr McPhail's employment in April, citing "unprofessional conduct" and the development of a personal relationship with the individual in his care.

He had been employed by the care provider as a support worker since August 2018.

His role involved delivering round-the-clock care to the patient at his home alongside two colleagues.

The patient's brother had previously held welfare guardianship over him - though this expired before New Year's Day.

After he was reported by a colleague, Mr McPhail was called in to an investigation meeting where he faced allegations of failing to properly record the event and not declaring a conflict of interest.

His dismissal letter said: "Agreeing to take [the service user] to your home with your family members present is a breach of boundaries and you did so fully aware of the identified risks associated with [the service user].

"Not only did you put [the service user] at risk, but you also put yourself and your family members at risk."

During the investigation, Mr McPhail maintained he had documented the visit.

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He said: "I wrote down that he came to my house and had a great New Year's dinner with me and my family.

"I even have pictures of [the service user] at mine during it with my family and sent them to [the service user's] brother, he was very pleased with it."

At his disciplinary hearing, he acknowledged he had overstepped professional boundaries - but maintained he did so with good intentions.

He also told the hearing about a period of significant upheaval at the care service, as it battled staff departures and the death of a long-serving colleague.

He said: "The place was in turmoil. The [service user's] family was upset with prior staff and were concerned for his welfare. [He] was self-harming, agitated and asking for [the member of staff who died]."

Mr McPhail added: "I feel I was doing a good thing. I did cross a boundary, but I always had the best interests of the [service user] in mind."

Employment Judge Muriel Robison ruled the dismissal was lawful.

She said: "I fully understand why [he] believes he has been harshly treated for what he says was 'an act of kindness' in difficult circumstances at work, and why he does not think it was sufficiently serious to justify his dismissal."

However, the judge concluded that termination for gross misconduct fell within the range of reasonable responses available to the employer.

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