A WHISTLEBLOWER'S dismissal from a failing care home was described as more of a "cock up than a conspiracy" as a tribunal heard final submissions today.

Middlesbrough man Lee McLaughlin believes he was unfairly sacked after making a series of disclosures about shocking conditions at Bupa's Hillview Care Home, in Eston.

During a seven day hearing, a panel at Teesside Magistrates Court heard that he had been one of several whistleblowers to raise serious concerns about the home, which has since been closed.

The 37-year-old was dismissed without warning just hours after highlighting allegations to an inspector from the Care Quality Commission.

During less than four months in his role as the home's clinical service manager, Mr McLaughlin made several disclosures, according to evidence heard at the tribunal. He reported finding a resident left on the toilet for three hours, discovering breaches in audits and said the home’s manager, Anthony Atkinson, had crumpled up and discarded safeguarding reports relating to a ‘near-miss’ incident caused by inappropriate equipment being used.

He also criticised Mr Atkinson’s decision to admit one resident despite him reportedly advising against the admission on the grounds that the home was not equipped to care for him. The gentleman died days after being admitted to Hillview, with his health having deteriorated rapidly.

The tribunal heard that the home and Mr McLaughlin's dismissal were managed poorly by the "inexperienced" Mr Atkinson, who was also accused of having altering documents relating to the dismissal.

Mr McLaughlin was told by Mr Atkinson that he was dismissed for failing a probationary period for a number of reasons, including a failure to carry out medical audits and daily ‘walk-arounds’ adequately. He was later referred to the Nursing and Midwifery Council, which found he had no case to answer.

Daniel Robinson Young, representing Mr McLaughlin, said his client had been unaware he was on probation and accused Bupa of failing to carry out appropriate supervision.

Dominic Bayne, acting on behalf of Bupa, said it was within Mr McLaughlin’s remit to be aware and act upon obvious problems at the home and that the “buck stopped with him”.

He also claimed a number of Mr McLaughlin’s allegations were made following his dismissal when concerns could have been raised sooner and accused him of dishonesty, while saying that there had been a number of whistleblowers reporting concerns about the home but he was the only one dismissed.

Mr Bayne highlighted examples of inappropriate working behaviour, including one incident during which Mr McLaughlin took part in a prank that saw staff members put a departing colleague in a bath of food waste.

He admitted that the dismissal procedure had been handled badly, but said a “grand conspiracy” was an “inherently improbable proposition”, adding: “With an inexperienced home manager, this is more likely to have been a cock up than a conspiracy.”

Mr Bayne warned the panel against connecting Mr McLaughlin’s whistleblowing to his dismissal and said he would have been dismissed regardless of his disclosures.

A judgement is expected in the coming weeks.