Nursery worker wins unfair dismissal claim but has compensation reduced

The Employment Tribunal has ruled that a child care centre acted unfairly when it dismissed a nursery worker over allegations that she encouraged children to kick and taunt a colleague.

The case involved Miss S Flynn who had been the team leader in the baby room at the Tender Loving Childcare Centre in Kirkintilloch, Scotland since 2008.

In February 2020, nursery practitioner Laura McLauchlan provided nursery manager Ms Clark with a six-page statement containing allegations against Flynn.

She said Flynn had encouraged the children to kick her and call her ‘smelly Laura’. McLauchlan said Flynn did this because she was annoyed that one of the children learned to say her name first.

McLauchlan also alleged that Flynn had commented about her personal life and called her gay.

The nursery’s co-owner, Ms Wilson, spoke to the baby room staff who backed up McLauchlan’s story, although one said they assumed it was a “joke” between Flynn and McLauchlan.

Flynn attended a disciplinary meeting conducted by former nursery manager Ms Deighan. She denied the allegations, which she said were all lies. She was then dismissed for misconduct.

Flynn brought a claim of unfair dismissal.

Deighan told the tribunal that Flynn’s behaviour amounted to “a bit of a hate campaign”. She could not have someone in the nursery who “behaved in such a sadistic and selfish manner to involve two little babies in her campaign”.

The tribunal upheld Flynn’s claim of unfair dismissal.

It held that the nursery had failed to properly investigate its assumption that there was a prolonged campaign of harassment and bullying.

Deighan had relied on McLauchlan’s written statement when deciding that Flynn conducted a campaign of harassment but had failed to put the allegations to Flynn in interviews or the appeal process.

Flynn was awarded £16,984 compensation.

However, this was reduced by 75% to £4,246 because it was likely she would still have been dismissed even if the process had been fair.

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Nursery worker wins unfair dismissal claim but has compensation reduced
Miss S Flynn and Tender Loving Childcare Centre Limited
Employment Tribunal
Employment Judge Neilson
March 2021