Wakefield nursery worker wins thousands of pounds for unfair dismissal, says UNISON

A nursery worker from Wakefield has been awarded almost £20,000 at an employment tribunal, after her claims for unfair dismissal and wrongful dismissal were successful, says UNISON today (Thursday).

Susan Hodgson (pictured above, right, alongside UNISON rep Carol Dewrow) had been employed as a nursery manager by South Elmsall Community Facilities since September 2018. The organisation has a number of district and town council representatives on its board.

The nursery had carried out an investigation into her conduct after a parent suffered a cardiac arrest when collecting his child.

When he was taken ill, the parent asked for his child to be cared for by a family friend, says UNISON. But when Susan did as requested by the parent, the employer began an investigation.

Susan’s line manager carried out both the investigation and hearing, resulting in her dismissal. She appealed to her employer, but the decision was upheld, says the union.

UNISON then provided Susan with legal support, leading to an employment tribunal in Leeds in February of this year.

The judge found in Susan’s favour, saying the employer had breached her contract by dismissing her without notice or payment in lieu of notice.

The employer was ordered to pay compensation of £17,918.57 to Susan.

The nursery then appealed, which was dismissed at a reconsideration tribunal hearing in June, says UNISON.

The employment tribunal judge said: “It cannot be in the interests of justice to deprive the claimant of a judgment in her favour because of the serious default of the respondent.”

Susan Hodgson said: “I’ve belonged to UNISON for all my working life and the support they gave me when I needed it was second to none.

“From the Wakefield UNISON branch representation at the beginning of my ordeal to the representation by barristers at the employment tribunal, I could not have wished for a better service. After 36 years of professional practice it would have been nice to have been able to retire with grace and dignity.

“I’m going to use the compensation to have a nice holiday with my daughter and buy my son a new kitchen floor!”

UNISON Yorkshire and Humberside regional organiser Rianne Hooley said: “I’m delighted UNISON has been able to secure a legal victory for Susan.

“However, the employer’s conduct throughout fell well below that which one would expect from someone who holds public office.

“Thankfully Susan has received the compensation she deserves, and can start to put this ordeal behind her.”

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