Emma McKay v Lil' Butterflies Day Nursery & Amanda McConkey t/a Lil' Butterflies Day Nursery Case [2016]

The claimant was employed as a room leader at the second named respondent’s nursery. She was tagged in a particular Facebook post by a friend and colleague which she subsequently ‘liked’ and commented under. This post contained a picture of a mother and daughter with the child asking to go to the park.  The caption read, “Sorry love, Mummy can’t take you to the park today, I hate other people’s children”.

When the respondent found out about the activity, she suspended the claimant on full pay claiming that it ‘gave the wrong impression’. The claimant was then invited to a meeting but was given no information as to what it related to, and was then handed a letter stating that after