Nursery manager who lost job fights for compensation
Catherine Gaunt
Tuesday, November 17, 2009
A nursery manager awarded more than 12,500 in compensation by an industrial tribunal after the nursery employing her closed at ten days' notice is continuing her fight after the owner failed to pay up.
Nursery manger Elaine Brassington was on maternity leave when Pebbles nursery in Uppingham, Rutland, shut earlier this year because it was making a loss.
The owner, Robert Shannon, continues to run several nursery businesses under different names. They include five nurseries in Leicestershire and Northamptonshire that were previously part of the Pebbles group, which have been re-named Child Space.
Mrs Brassington, who had worked at the nursery for three years and planned to return to work in March, heard about the closure from a colleague.
After failing to secure any redundancy pay she took her employer, Childcare and Learning (Pebbles), to Leicester employment tribunal on 24 August and was awarded £12,437 for unfair dismissal and £700 for breach of contract.
The tribunal ruled that her employer must pay within 42 days of the judgement day (1 September) or interest would start to accrue at the rate of 8 per cent.
Mrs Brassington said, 'I have been left unemployed, without redundancy pay or compensation awarded by the tribunal, while the managing director continues to do business, making a mockery of the tribunal process.'
She said she intends to seek further legal advice.
Mr Shannon owns Childcare and Learning (Cranbrook), which has six nurseries and two out-of-school clubs in Surrey and West Sussex; Castle Childcare, which has three nurseries in Surrey; and two nurseries called Working Mums.
In February, Mr Shannon sold a second loss-making Pebbles nursery in Fleckney, Leicester, for £1 to its manager (News, 25 February).
A Unison spokesperson said, 'It's a shame your reader did not join a trade union. If she had, she would have been entitled to free legal support, to take her case.
'The vast majority of people abide by the ruling of employment tribunals. But there are still rogue employers who do not. The next step is to look into the possibility of getting a court order to enforce the ruling of the employment tribunal. The court will take into account the assets of the company in question, and force it to pay back a set amount each month, to settle the debt.'
Nursery World contacted Mr Shannon, but he refused to comment.
