Nursery worker unfairly sacked

PUBLISHED: 11:33 18 May 2006 | UPDATED: 10:09 06 May 2010

A woman who was unfairly sacked from her job will have her compensation cut by 25 per cent for partly contributing to the situation which led to her dismissal. An employment tribunal said Samantha Loxley, from Baldock, was unfairly sacked last August from

A woman who was unfairly sacked from her job will have her compensation cut by 25 per cent for partly contributing to the situation which led to her dismissal.

An employment tribunal said Samantha Loxley, from Baldock, was unfairly sacked last August from the Highfield Day Nursery in Station Road, Braughing, because her boss failed to follow proper procedures.

The tribunal had thrown out other claims that her sacking was linked to raising health and safety concerns.

Tribunal chairman Kevin Palmer said it was the unanimous decision of the tribunal that no disclosures or complaints that Miss Loxley had previously made had exposed her to adverse treatment.

Miss Loxley was sacked in August last year for gross misconduct.

The owner of the nursery, Christine Raniere, said there had been a complete breakdown of trust as well as a falsification of records after Miss Loxley was twice late for work but signed in using an earlier time.

Miss Loxley insisted she had only been a couple of minutes late on one day and not at all on the other but she was dismissed for gross misconduct.

Mrs Raniere said health and safety allegations made to the tribunal by Miss Loxley about her business, including claims that there were mouse droppings in the nursery kitchen and that no fire drill had taken place for 18 months, were untrue.

Before disciplinary action was started against her, Miss Loxley had never raised health and safety concerns, said Mrs Raniere.

Mr Palmer said that Mrs Raniere had failed to follow the correct procedures in dismissing Miss Loxley which automatically made it unfair.

He also said that the panel considered that if correct procedure had been adhered to, the dismissal would have still been unfair taking into account all the circumstances.

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