Nursery manager unfairly dismissed

Sep 12 2008 by Allison Dickinson, Chester Chronicle

Nursery manager unfairly dismissed

A FEUD between a nursery manager and her former employer was settled at a tribunal this week with both sides claiming victory.

The tribunal decided Cerys Tyson, of Whitefields, Elton, had been unfairly dismissed from Homestead Nursery, Helsby, in October 2007.

After the hearing, Mrs Tyson said: “It’s like a weight has been lifted from my shoulders. I am glad truth and justice prevailed in what was proved to be my unfair dismissal after 17 years of exemplary service.

“I would like to thank my family and friends who have supported me over the last 12 months, especially my solicitor, Alan Roberts.”

However, employer Sue Hammonds – who sold the nursery earlier this year and has no connection with its current owners – claimed she had been “vindicated” after the employment judge said the dismissal had resulted in part from Mrs Tyson’s own actions and ordered that the remedy be reduced accordingly.

She added: “I am delighted at the outcome of the tribunal. They found Mrs Tyson was guilty of two counts of misconduct, and accordingly they ruled her award for unfair dismissal would be reduced by 75%.

“The tribunal failed, in my opinion, to appreciate dismissal was the only practical remedy for the nursery under the circumstances, and I was always confident our allegations of misconduct would be proved in court as they were.”

During the two-day hearing Mrs Tyson, an employee at the nursery for more than 17 years, told how she had been left feeling scared and intimidated after a parent had been “abusive and threatening” toward her.

The parent, a serving police officer, had taken exception to being called at work to collect his sick daughter, but Mrs Tyson said she had only done so as she had been unable to contact the girl’s mother.

But Mrs Hammonds, who did not attend the tribunal hearing, told her the incident was a “personal matter” and to deal with it herself.

Mrs Tyson sent a letter to the Chief Constable of Cheshire Police complaining about the officer’s conduct after giving a copy to Mrs Hammonds.

But when the officer and his wife complained to the nursery, Mrs Hammonds claimed to have no knowledge of the letter and launched an investigation.

Investigating officer Phillip Napper – Mrs Hammonds’ partner – found that in sending the letter she had brought the nursery into disrepute and Mrs Tyson was dismissed in October by HR consultant David Roberts for three counts of gross misconduct.

A remedy hearing has been arranged for November 14 to decide the level of compensation.

After the hearing, a police spokesman said the complaint to the Chief Constable had been investigated and it was decided no action needed to be taken.