Shoesmith dismissal in the Baby P Case ruled Unfair

Sharon Shoesmith

The High Court has ruled that the dismissal of Sharon Shoesmith, who was director of child services at the time Baby P was abused, was procedurally unfair, with rumours of compensation reaching millions.

The decision had been taken to dismiss Shoesmith, based on conclusions drawn by Ofsted that she had not seen and she was not given an opportunity to defend herself.

The court concluded that it was not possible to say that the outcome would have been the same even if she had been given an opportunity to defend herself. It found the process had been so flawed as to render her dismissal null and void. The court recognised that reinstatement would not be a possibility and, therefore, expressed the hope that the parties would be able to negotiate a settlement. This led to press speculation about possible seven figure payments, since the cap on unfair dismissal is not relevant to an award of compensation in a judicial review.

It is important to note, that this is a High Court decision, and was a judicial review. This only happens in the public sector. The issues are different in the private sector.  There is no scope for judicial review, and unless there is unlawful discrimination, compensation cannot be awarded in excess of the unfair dismissal cap, currently £68,400. However, the concerns about the need for procedural fairness, even with senior executives, are likely to affect other cases.

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Case ref 2011 EWCA Civ 642