Nursery nurse dismissed for discussing colleague's disciplinary: conduct dismissal upheld

A Christmas party incident that led nowhere

This case began at a work Christmas party in November 2019, when the company owner allegedly touched the nursery nurse's bottom and made inappropriate comments. She reported it two days later, but no action was taken. The nursery nurse was then furloughed in March 2020 due to the pandemic — the tribunal accepted this was unrelated to her complaint.

The dismissal that stuck

The turning point came in September 2020, when the nursery nurse accompanied a colleague at a disciplinary hearing and signed a confidentiality agreement. Days later, another colleague reported that the nursery nurse had discussed the hearing with her. The employer investigated, held a disciplinary hearing, and dismissed her summarily for gross misconduct.

The tribunal accepted that the employer genuinely believed the nursery nurse had breached confidentiality. Given the sensitive nature of nursery work and the need for trust, dismissal was within the range of reasonable responses. The nursery nurse's long service and good record did not outweigh the seriousness of the breach.

Why the sexual harassment claim failed

The nursery nurse also claimed she was sexually harassed at the Christmas party and victimised for reporting it. But the harassment claim was out of time — she had until March 2020 to bring it, and she didn't present her claim until November 2020. The tribunal had no power to extend that deadline.

As for victimisation, the tribunal found no link between her report and her dismissal. The employer dismissed her for the confidentiality breach, not because she had complained about the owner. The fact that the owner was involved in the dismissal decision did not, on its own, prove victimisation.

What this means for similar claims

This case is a reminder that discrimination claims must be brought quickly — the three-month clock starts ticking from the incident itself, not from when you realise you have a claim. It also shows that employers can fairly dismiss for breach of confidentiality even when the employee has a previous grievance, as long as the dismissal is genuinely about the misconduct and not a pretext for retaliation.