Two Suffolk nurses who were sacked after being accused of tying an 87-year-old dementia patient to a chair have won an unfair dismissal claim. A pair of Suffolk based nurses who were sacked after being accused of tying up a dementia patient to a chair have won an Unfair Dismissal Claim.

The Court Of Appeal said that both Neil Preston and Amanda Crawford had obvious justification for restraining the patient.

Both nurses were dismissed in 2009 for “gross misconduct” and won an unfair dismissal claim, however this was successfully overturned on appeal by the NHS.

Lord Justice Elias restored the original tribunals ruling after saying it was short of astonishing that the pair were reported to police by bosses at the home.

At the sitting, with Lord Justice Laws and Lord Justice Kitchin, Lord Justice Elias siad: “I recognise that it is important that hospitals in this situation must be seen to be acting transparently and not concealing wrongdoing.

“But they also owed duties to their long-serving staff, and defensive management responses which focus solely on their own interests do them little credit.”

The nurses were reported during september 2008 by a colleague on a nightshift at the Westgate Ward Of West Suffolk Hospital.

Both nurses had unblemished 20 year careers under their belts at the time of the incident.

The patient, a long sufferer of dementia, had been acting aggressively, spitting and swearing and throwing things. There were concerns for his safety.

At the first Employment Tribunal the courts had awarded damages of £29,507 to Mrs Crawford and £73,550 to Mr Preston. This was then challenged by the Suffolk Mental Health Partnership NHS Trust

If you have been Unfairly Dismissed then we would like to hear about it.