Nursery worker was unfairly dismissed

A nursery manager was unfairly dismissed when her employer dismissed her during her notice period with false allegations of consuming alcohol at work and discussing her sex life in front of minors. It was found by the tribunal that the Director of the Nursery had “fabricated” allegations against the employee who was described as a “valued” member of nursery staff – and “seized” on allegations of her talking about her sex life. The manager also invented parental complaints to “justify” the dismissal. She was summarily dismissed for gross misconduct and declined the opportunity to appeal.

At the employment tribunal, the judge stated that the allegations did not “provide the true reason for her dismissal” and found the dismissal to be unfair.

The employee was awarded £5,325.75 in compensation, which included a 25% uplift as the employer did not “comply with the ACAS code of practice during the dismissal process. The investigation did not establish the facts or inform the employee of the alleged problems. Furthermore, the employer did not investigate the matter or advise the employee of her right to be accompanied.

This case outlines the requirement for good quality evidence, detailed meeting minutes and formal disciplinary proceedings that are in line with the ACAS code. 121 HR Solutions can provide training on disciplinary procedures and regularly provides training in Montrose and Glasgow.  For further information please see our training portfolio here: 121 HR Solutions Workshop Portfolio

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