Former care worker lost job for kicking autistic man

A former care worker, who was convicted and fined for kicking an autistic man while trying to break up a fight between residents of a Cork care home, has lost his appeal against being fired from his job.

The Employment Appeals Tribunal has ruled that the decision of the Cope Foundation to dismiss David Atkinson was fair and “within the range of reasonable responses”. However, it criticised the charity for applying standards that “fall far below acceptable” levels in how it conducted disciplinary procedures against him.

The tribunal said such standards were “at best contradictory in nature” as it had allowed Mr Atkinson to return to work despite having a policy that it would not employ anyone charged with a criminal offence.