'Wrongful sacking' payout for Wakefield nursery manager

A NURSERY manager from Wakefield has been awarded almost £18,000 after an employment tribunal found she was unfairly and wrongfully dismissed.

Susan Hodgson was sacked from South Elmsall Community Facilities, a charity run by volunteers, after a parent suffered a cardiac arrest when collecting his child, her union Unison said.

The parent asked for his child to be cared for by a family friend but after Mrs Hodgson did as requested, the charity began an investigation.

Mrs Hodgson, who was 66 at the time, was sacked last May.

The nursery is based at the Westfield Centre, Westfield Lane, South Elmsall, PontefractThe nursery is based at the Westfield Centre, Westfield Lane, South Elmsall, Pontefract
The nursery is based at the Westfield Centre, Westfield Lane, South Elmsall, Pontefract

Employment judge Kirsty Ayre found in Mrs Hodgson's favour after an uncontested hearing in February.

She said: "The burden of proving a fair reason for dismissal lies with the respondent. It has not discharged that burden."

The employer was ordered to pay compensation of £17,918.

The nursery appealed, saying there had been an “oversight” over the address the documents were sent to.

But Judge Ayre said the nursery “only has itself to blame” as it was responsible for ensuring correct records were maintained at Companies House. It moved to the Westfield Centre in 2019 but updated the address only in March 2024.

She 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.”

Mrs Hodgson thanked Unison for its support, adding: "After 36 years of professional practice it would have been nice to have been able to retire with grace and dignity."

Facilities director Stephen Tulley said they didn’t get to know about the case until after it was heard, adding: "We never got the chance to defend it.” He claimed they’d have won the case saying it was a “blatant” breach of safeguarding.