Party ‘violence’ class nurse sacking upheld

A NURSERY class nurse who became embroiled in a violent clash after a staff Christmas party has lost her claim for unfair dismissal from a Gospel Oak primary school.

Employment tribunal judges ruled on Thursday that governors at Carlton Primary School in Grafton Road did not act inappropriately when they sacked Nicola Hearne last year.

Ms Hearne admitted her behaviour had not been “becoming of a nursery nurse” but was adamant she was the victim in a scuffle in the street with another member of staff.

Both women involved in what governors described as a “violent and serious fight” were dismissed.

Learning mentor Phillippa Heath-Philpotts, who also claimed to be the victim rather than the aggressor in the incident, lost her own employment tribunal in November last year.

Ms Hearne gave her version of the incident following a boozy staff party at the Holiday Inn hotel in Russell Square just before Christmas 2008 to the tribunal on Thursday morning.

She said she had suffered a black eye and a split lip in the incident.

The tribunal heard Ms Heath-Philpotts said she was left with a scratched wrist and a swollen face. Both women went to the police – Ms Hearne was the first to speak to detectives – but charges were not pressed. Both women also failed to get reinstated to their jobs after internal appeals at the school.

The party was partially paid for by the governing body to “boost staff morale”. As colleagues searched for ways home in the street, Ms Hearne and Ms Heath-Philpotts clashed. Witness accounts on what happened differed. Ms Heath-Phillpotts said during her tribunal that she had punched Ms Hearne in the mouth but only after provocation. Ms Hearne denied claims she had goaded the other woman, but admitted saying: “Bring it on.”

Ms Hearne said school headteacher Jacquie Phelan failed to investigate properly and claimed that if she had it would have been clear that she had not started the dispute.

Neither tribunals heard the reason why the two women had confronted each other.

The case was only made public after the sacked staff decided to take action against the school. Before then, the incident had successfully been kept under wraps and many parents of children who learn there were unaware of the incident.

Ms Hearne said the incident did not affect her ability to work with the children and told the tribunal she was at the party in a “personal capacity”.

Although witnesses said that staff had drunk large amounts of alcohol and that at least one woman was “staggering about”, Ms Hearne said she had been careful about the amount she had drunk.

“I consumed some alcohol but I wasn’t drunk, I would say I was tipsy. I was in control but tipsy,” she said. “I did try to walk away.”

Under cross examination, Ms Hearne told the tribunal how she had “punched a wall” after the incident but denied a suggestion from council lawyer Suraj Sudra that she was “out of control”. She said: “It was anger. I hit a wall. I didn’t harm myself. I hit a wall. It was sheer frustration at the whole incident. I can’t speak for other people. If I become angry I find ways to relieve that anger that is not going to hurt anyone including myself. I hit the wall and released my anger inside of me.”

The tribunal panel of two women and one man heard how Ms Phelan’s investigation amounted to getting people at the scene to write down their version of the incident without asking any follow-up questions. Her report was given to the governors who decided to fire both women.

Ms Hearne, who had worked at the school since 2006, said: “I was dismissed from a job I was good at for being a victim. Although it was a violent incident, I maintain I was the victim and at no point did I attack her. I was defending myself.”

She said she had been the one to call the headteacher Ms Phelan to make the first complaint and pointed out that she had reported the matter to police first.

“If I had not been open and honest about the incident, none of this would have been brought to the attention of the school,” said Ms Hearne. I believe I was made an example of and dismissal was the only option that they were willing to look at. I accept my behaviour was unbecoming of a nursery nurse but I disagree that it constituted gross misconduct.”
RICHARD OSLEY

‘She started it!’ The two accounts

Nicola Hearne: “I've never disputed I pulled hair... Everytime I physically tried to walk away, Phillipa was in my face. She threatened to punch me. I don’t know what her problem was. I’ve never had a problem with her. In the end I said: ‘Oh my God, just leave me alone. All I want to do is go home but you won’t leave me alone, so okay Phillippa, bring it on.’ I've been honest: that was the only thing that could have been misinterpreted as goading.”

Phillippa Heath-Philpotts: “She was walking back and forth in front of my path. I asked her to leave me alone. I told her to shut up, to go away from me. I think I was very frightened and scared. She was much bigger than me. I don’t think I lost my temper. I think I defended myself. I felt I was under attack. I told her I would hit her if she didn’t leave me alone. I thought that would make her stop. I don’t go around hitting people, that’s not in my nature.”