A RESIDENTIAL care home worker from Kidderminster who alleged she was pressed into leaving her job after refusing to cook has lost a fight for compensation for constructive dismissal.

The application by Josephine Brookes, 58, of Chaffinch Drive, against Wolverley Court private care home, has been dismissed by a Birmingham employment tribunal.

Mrs Brookes had alleged she was pressed into leaving her part-time job because the care home proprietor, AM Sadik, known as Jeff, found her so much work to do - including cooking, which she said she hated - that she was "virtually living at the premises".

The first hearing was adjourned to enable Mr Sadik to provide more evidence. At the resumed hearing Mr Sadik told the tribunal he had sent Mrs Brookes letters while she was away sick, telling her a job would be kept open for her.

He admitted advertising for a cleaner while she was away, but said he had a duty to his residents to keep the home clean and believed Mrs Brookes' illness was likely to be lengthy. He even doubted whether she would return.

He denied accusing Mrs Brookes of faking her illness and accused her of fantasising.

"I did not make her work in the kitchen as a cook, she was happy to work there," he said. "I do not force anyone to do work they do not want to do. She was determined to take this matter to the tribunal."

In a statement announcing its decision to dismiss Mrs Brookes' application the tribunal panel agreed Mrs Brookes was good at her job and was a "thorough and painstaking cleaner".

But the panel said it preferred Mr Sadik's evidence and believed Mrs Brookes was happy to take over in the kitchen because the pay was better.

The panel found it improbable that Mrs Brookes did not have time to see a doctor because of pressure of work at the home.

The panel also pointed out Mrs Brookes was eventually offered a full-time position.

"She did not express discontent with this offer," said the panel.

"We think, however, that in advertising Mrs Brookes' job while she was off sick Mr Sadik was acting in such a way as would undermine the relationship of trust and confidence without reasonable and proper cause."