Gross Misconduct - Nursery

[jlf44]

Hi everyone

Not sure if this is the right category but I'm hoping someone has some advice for me.

I'm trying to advise a friend, who is debating whether to take legal action against her daughters nursery.

The short version of the incident is that her daughter is 2 years old and was previously a Looked After Child with the Local Authority, but she is now formally adopted. This was disclosed to the nursery before she enrolled, and the extra safeguarding concerns were fully explained and understood.

This week my friend was driving to the nursery to pick up her daughter, when she saw her walking alone along the road next to the nursery, which also happens to be one of the busiest roads in the area.

My friend went straight to the nursery to confront them about the fact that her daughter had managed to get out alone and undetected, but the qualified teacher there didn't so much as offer an apology. The head mistress later advised that this teacher had been dismissed and 2 others issued with level 3 warnings because of their lack of supervision. The incident is currently being investigated by the nursery.

Does she have grounds to pursue compensation for this? She is obviously very shaken by the incident, her daughter was visibly upset afterwards and my friend is emotionally scarred by what could have happened if she hadn't turned up at that moment, she no longer feels that she can trust nursery staff to safeguard her child.

Any information or similar cases would be extremely helpful.

Thank you

[judgemental24]

Re: Gross Misconduct - Nursery

Why compensation??

What loss has been suffered??

This is a disciplinary issue and you need to take your complaint to the local authority if you feel so strong about the issue.

The employer has acted in a proportional way in the dismissal and warnings

[jlf44]

Re: Gross Misconduct - Nursery

My friend has lost all trust in this type of care for her child, meaning she is now on the verge of quitting her job as she cannot get the childcare from family members or friends.

Plus of course the endless number of scenarios that could have happened as a result of the staff's misconduct.

[judgemental24]

Re: Gross Misconduct - Nursery

Compensation is to compensate an actual Quantifiable loss, or to put the person into a position before the breach occurred. To claim compensation you will have to prove negligence that the actions on one party caused a civil wrong or tort

So far no loss has occurred to claim compensation.

What you are after is not compensation but a form of punitive damages.

With no actual loss that is not going to happen

Finding another child care provider is all that is needed if you feel that strong