Sacked Worker Suffered Harassment - Wins Tribunal Case

A play worker was sacked after she went to the police following an assault by her boss’ son. Nicky Lyall, 35, took Craigmillar Childcare Services to a tribunal after she was fired in May last year. This week she was told she had won her case for unfair dismissal.

The mother-of-two claimed she was the victim of a harassment campaign after she reported her co-worker Christopher King – son of CCS director Patsy King – to the police for assault.

Christopher King was fined after pleading guilty to assaulting Miss Lyall when he appeared at Edinburgh Sheriff Court last May.

Miss Lyall was subjected to numerous disciplinary procedures over the following months and was eventually sacked, despite appealing at every stage. Despite having no legal representation she took her former employers to the tribunal, which CCS did not attend and which lasted just 45 minutes.

Miss Lyall, from Niddrie Marischal, said: “I knew in my heart that I was unfairly treated and I could not leave it like that. “I did whatever I could to pursue the case myself and did a whole lot of studying on employment law. I really did work hard on building up my case.

“I’m glad it’s all over because it was a long haul and I would never want to go through something like that again.” Miss Lyall started working for CCS in May 2000. She said she loved working there, had a clean disciplinary record and had no problems at work until the November 2005 incident.

Miss Lyall, who was pregnant at the time of the assault, was off sick for two months after the incident as she had complications in the early stages of her pregnancy. She returned to work in January following a meeting with her employer, and expected everything at work to go back to normal.

But just two months later she got her first disciplinary notice over her level of absence and roles and responsibilities, which then led to a written warning and her dismissal in May last year. The employment tribunal ruled that Miss Lyall was “unfairly dismissed” and awarded her a fourfigure sum.

The panel said: “Since the respondent was not present or represented at the hearing, it has failed to establish the reason for the claimant’s dismissal. “The claimant’s contention that she was targeted appeared to us to have a ring of truth about it.” Miss Lyall now hopes to put the case behind her and concentrate on her son Sam, 17, and 14-month old daughter Ellie.

She said: “This was never about money. All I wanted was for my case to go to the tribunal and for the community to find out the truth about what happened. “That letter saying that I was unfairly dismissed is enough for me.”

CCS ceased trading after having its council funding stopped in June. Chairman Paul Nolan said: “The company is in no position to defend itself because it doesn’t exist now.”

Srouce: Edinburgh Evening News

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