A support worker who invited a disabled patient to his family's New Year's Day dinner has lost his claim for unfair dismissal. Paul McPhail was fired by the Lifeways Group in April 2025 for what the employer deemed "unprofessional conduct" and an abuse of power, according to an employment tribunal hearing in Glasgow.
McPhail, who had provided around-the-clock care for the patient since August 2018, stated he extended the invitation after learning the patient's family would be unable to host him, leaving him to spend the holiday alone. He reported gaining consent from the patient's brother to bring the individual to his home for the meal. McPhail described the patient as agitated and noted that the patient's family had been experiencing distress regarding prior staff issues and the patient's welfare, including self-harm.
The tribunal heard that McPhail took the patient to his home on New Year's Day, an event he failed to document and for which he did not declare a conflict of interest. During an investigation meeting in March, McPhail recounted the positive experience, stating the patient had a "great New Year's dinner" with his family and even asked when he could return.
However, the dismissal letter from Lifeways Group stated that McPhail's actions constituted a breach of boundaries and placed the patient, himself, and his family at risk. The company also noted that the patient's brother was not the welfare guardian at the time, with the local authority holding guardianship, and that McPhail had failed to inform management of this conflict. The employer also expressed doubt that McPhail had properly informed his deputy line manager, Elizabeth McKnight, as he claimed.
Employment Judge Muriel Robison acknowledged McPhail's perspective that he was acting out of kindness in difficult circumstances. However, the judge stated that dismissal for gross misconduct was within the range of reasonable responses available to the employer, given the context and the company's policies. The tribunal ultimately ruled that McPhail had not been unfairly dismissed.