What Went Wrong in the Webb Case

Michael Webb was working as a Night Support Worker in a residential home caring for people with autism and learning difficulties. One evening in 2020, he submitted an incident report saying that a resident, wanting more attention than was appropriate, had grabbed at him; in response, he gently pushed the resident away.

The report said he pushed “quite forcefully,” and the resident ended up rebounding into a doorway some distance away.

The next day (or shortly thereafter), Webb’s manager held an investigation meeting.

Webb was suspended, then called to a disciplinary hearing for gross misconduct. But a number of problems emerged in how the employer handled things:

• Key witnesses (other staff who were present or nearby) were not interviewed, even though they could likely have given helpful context.

• Webb was told the hearing would proceed even if he didn’t attend — and in fact, the disciplinary hearing was held in his absence.

• Even after submitting written statements or concerns, these were not properly engaged with or considered.

• The appeal process was flawed: there was confusion over who was to handle the appeal, and Webb’s requests for further investigation before the hearing were repeatedly blocked or ignored.

What the Tribunal Found

The tribunal ultimately ruled that the dismissal was unfair, not because Webb’s conduct was believed to be benign, but because of how the employer handled the procedure. Some of the key points:

• The investigation was judged not adequate. Not interviewing the relevant staff was a glaring omission.

• Holding a hearing in his absence, especially after Webb raised concerns and requested statements or involvement of others, made the process unfair.

• Because of breaches of the ACAS Code of Practice on Disciplinaries and Grievances (the employer didn’t follow what is broadly accepted good practice), Webb got an uplift of 15% on the compensation awarded.

What We Can Learn — What to Do Differently

If you’re leading investigations in a care home, early years setting, or any regulated service, here are some clear takeaways from Webb that map directly to your Investigation Readiness Checklist.

These are things you should always check or build in.

Include all relevant witnesses

Don’t just rely on incident reports. Get statements from people nearby. Even if they didn’t see everything, their perspective can help set context.

Don’t force someone into a hearing if concerns about process exist

If an employee requests more investigation or says something is missing, pause. Investigate that first before proceeding.

Ensure fairness even in absence

If someone can’t attend, explore alternative means (written responses, rescheduling). If proceeding without them, ensure their views/written input are carefully considered.

Follow ACAS / best practice codes

Use the ACAS Disciplinary and Grievance Code as baseline. Uplifts in awards can happen if you don’t follow these standards.

Make appeal and representation work properly

Be very clear who handles appeals; ensure your process allows for genuine challenge; ensure people have the chance to respond to evidence.

Why This Matters More Than Ever

In regulated settings — whether care homes, nurseries, or supported living — trust is everything. People under your care, families, inspectors — all expect not just the right outcomes but the right process. When investigations are handled poorly, it’s not just legal risk: it harms morale, it damages reputation, and it undermines the values that led you into service in the first place.

Final Thought

The Webb v Parkcare Homes case shows that doing “the right thing” isn’t just about having policies — it's about how you live them in practice, especially when it’s hard. If you build the habit of pausing, reflecting, seeking context, and acting with fairness, your investigations won’t just stand up in law — they’ll stand up as your leadership legacy.

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