Shifnal nursery assistant in unfair sacking claim
A nursery assistant complained she was unfairly sacked after denying she "inappropriately restrained" a three-year-old toddler following a dispute over his cap.
The alleged incident is said to have happened at the Hopscotch Nursery and Out of School Club at Shifnal Primary School.
Miss Janet Taylor, from Shifnal, denied the "restraining" allegation as she made a legal claim for unfair dismissal at Birmingham Employment Tribunal against Mrs Clare Ferguson and Mrs Adele Woodward, trading as Hopscotch Children's Nursery and Out of School Club.
Mrs Ferguson and Mrs Woodward both opposed the legal claim after the tribunal was told Miss Taylor was dismissed for gross misconduct.
The tribunal was told in witness statements that a dispute broke out after the three-year-old boy became emotionally distressed when complaining his cap was missing.
Mrs Woodward said the child was crying and allegedly said: "Jan's got my hat."
Dr John Turnock who was headteacher at the school until last year, alleged Miss Taylor used her right hand to use what looked like some physical restraint against the boy.
"Yes it was moderate, but the child was only three," he said.
Dr Turnock accused Miss Taylor of making contact with the toddler in an inappropriate manner. Miss Taylor, who was said to have previously had a good reputation at the nursery, denied the accusations.
She complained there were no actual witnesses of what happened and said that CCTV did not show anything.
She said she was handing the cap back from another child and that there was no restraint.
"One alleged witness was not even at the nursery at the time and had gone to collect her own child from school," said Miss Taylor.
She alleged that the dismissal decision had been made against her for personal reasons.
The hearing has been listed for several days and tribunal judge Mr David Dimbylow is expected to make a decision at a later stage.
