Paula Wilson v Rascals Day Nurseries [2017]

The claimant was employed by the respondent as a nursery assistant when she was sacked for gross misconduct.  The incident to which the dismissal related occurred in the early hours of a Sunday morning after a night out when the claimant had a verbal confrontation with another employee, Ms Brown, who was senior to the claimant. Ms Brown claimed that the she was put in fear of working with the claimant as on the night in question the claimant had called her a “tout” referring to an incident a few weeks previously when she had pestered Ms Brown for information about a colleague and Ms Brown had refused. On that occasion, the respondent sent the claimant what was described as a ‘line in