Nursery worker dismissed over fabricated alcohol allegation: no investigation, no appeal

This case shows what can happen when an employer acts on a whim rather than following proper procedure. The senior nursery practitioner had given notice and was working out her three-month notice period when she was called into a meeting and summarily dismissed. The employer alleged she was under the influence of alcohol at work — but the tribunal found this was a fabrication.

What went wrong

The employer did not carry out any investigation. There was no attempt to gather evidence, speak to witnesses, or give the employee a chance to respond to the allegations before the decision to dismiss was made. The director who decided to dismiss relied on a written statement from the nursery manager, but the manager was not called to give evidence, so the tribunal gave that statement little weight. The employer also ignored the employee's appeal — she sent an email on 21 October 2021, but never received a reply.

The tribunal noted that the employer failed to follow the Acas Code of Practice on disciplinary and grievance procedures. The Code requires employers to investigate, hold a fair meeting, allow the employee to be accompanied, and consider an appeal. Here, none of those steps were taken.

Why the result matters

This case is a reminder that the duty to act fairly does not end when an employee hands in their notice. The claimant was still employed and entitled to be treated properly. The 25% uplift for ignoring the Acas Code sends a clear message: employers who cut corners risk paying significantly more in compensation.

For employees, the case also highlights the importance of keeping a record of events. The claimant was able to show that the alcohol allegation was fabricated, and that her appeal was sent but never acknowledged. That evidence was crucial in persuading the tribunal that the dismissal was unfair.