What happened

Mr Jalale had taken one of his residents outside to the shared communal area for a cigarette break. Another resident from a different unit was already outside. Without warning, the resident became agitated, shouting aggressively at Mr Jalale to move away.

Despite his best efforts to calm and de-escalate the situation, Mr Jalale was violently attacked. He was punched, kicked, and struck with stones, suffering injuries to his head, neck, back, left hip, and lower leg. The ordeal only ended when another carer rushed to help, allowing Mr Jalale to get to safety inside the unit.

Shockingly, the aggressive resident continued to try and force his way in, attempting to prolong the attack. After the incident, Mr Jalale was sent home, both physically hurt and emotionally shaken.

Where did the employer fail?

Following the incident, we sent a letter of claim to his employer, Exemplar Health Care Limited , outlining multiple allegations of negligence. Among the failings were:

• Not taking proper action despite knowing the resident posed a risk
• Failing to carry out adequate risk assessments or implement safeguards
• Not ensuring aggressive residents were properly supervised
• Lack of training, supervision, and safe systems of work for staff
• Not providing a secure environment that would minimise foreseeable risks

In short, Mr Jalale had been placed in a situation where harm was foreseeable, and preventable.

The outcome

The employer admitted liability, and the case was resolved with an out-of-court settlement. While no amount of money can undo the trauma, it provides recognition of the harm caused and allows Mr Jalale to begin focusing on recovery.

Why this matters

This case highlights a vital point: care workers must operate in safe working environments. They perform incredibly challenging roles, often with individuals who have complex needs and unpredictable behaviours. When systems, training, and risk management fail, it’s the carers who suffer.

As I commented after this case:

“Every employee has the right to a safe working environment, especially in roles that carry inherent risks such as care work. Care workers dedicate themselves to helping others, often under intense pressure and with complex patients’ needs. When safety protocols fail or proper support isn’t in place, the consequences can be serious both physically and emotionally. This wasn’t just an unfortunate incident—it was preventable. If you work in the care sector and feel unsupported or unsafe, you have rights. My client can now focus on healing and moving forward, and hopefully lessons are learned from incidents such as these.”

Employers must never overlook the duty of care they owe their staff. Incidents like this remind us that when carers are protected, supported, and trained, everyone benefits, including the residents they work so hard to care for.