Discipline in Early Years: What the KidzRuz Nursery Case Teaches Us About Investigations Done Right
When staff issues arise, how you handle them speaks volumes — not just to your team, but to inspectors, families, and tribunals.
The recent case of Ms S Lindley v KidzRuz Nursery Ltd shines a light on something we see often in smaller, people-first businesses like nurseries: good intentions, but a shaky process.
The issue wasn’t just whether the decision to dismiss was “correct” — it was whether the investigation behind that decision was fair, reasonable, and thorough.
Let’s break down what happened, what was said in court, and how you can use this as a mirror check for your own approach.
What the Tribunal Said — and Why It Matters
At the heart of the judge’s reasoning was a clear question:
“Was the employer’s investigation within the range of reasonable responses expected from a reasonable employer?”
In other words, even if the incident itself seems serious, if the employer didn’t investigate properly — the dismissal may still be unfair.
This aligns with two key pieces of employment law and best practice:
1. ACAS Code of Practice
The ACAS Code states clearly:
Investigations must happen without unreasonable delay
They must be necessary and proportionate
The employee should be given the opportunity to respond
Serious matters require a more thorough approach
The tribunal specifically noted that:
“It is important to carry out necessary investigations of potential disciplinary matters… [including] evidence that supports the employee’s case as well as evidence against.”
So often, investigations fall short because they seek confirmation — not clarity.
What Was Missing?
While the full facts of the case weren’t made public in detail, here’s what we know:
The investigation process was questioned — had it been conducted with an open mind?
Was the disciplinary process rushed, or were all relevant facts truly established?
Did the appeal process offer a genuine chance to re-consider, or was it just a tick-box?
The tribunal reminded us that investigations must reflect the seriousness of what’s at stake — especially when someone’s job is on the line.
What You Can Learn as a Nursery or Early Years Leader
Here’s how to translate legal language into everyday leadership:
“Range of reasonable responses” Your investigation doesn’t need to be perfect, but it must be sensible, unbiased, and not rushed.
“More serious = more thorough” A safeguarding concern needs deeper reflection than a minor policy breach. The higher the risk, the higher the standard.
“Support both sides” Don’t just look for what confirms the complaint. Ask: what else might explain this? What could clear their name?
“Delay = damage” Waiting too long or dragging your feet can undermine fairness. Start promptly — even if just gathering initial notes.
“Fair appeal process” If someone raises new facts or concerns, the appeal should explore those — not just rubber-stamp the original outcome.
What You Can Do Now (Even If You’re Not an HR Expert)
This case highlights a powerful truth: Your policies matter less than your actions. You don’t need to be a legal expert — but you do need a structure that helps you slow down, think clearly, and handle people well under pressure.
That’s exactly why I created the Investigation Readiness Checklist.
It’s a quick, ethical pause before taking formal action — helping you:
Reflect on your own emotional state and assumptions
Consider context, communication, and clarity
Check your systems and legal footing
Avoid avoidable mistakes
Final Thought
If you care about your team and your business, this checklist will be your safety net.
Because what KidzRuz shows us is this:
Even in the most caring environments, investigations done in haste or defensiveness can cause unnecessary harm — to people, to culture, and to your reputation.
You don’t need to panic. You don’t need to punish.
You just need to pause, reflect, and proceed with clarity.
👋 I'm Pam, founder of PM Business Support Services. I help first-line managers build confidence through:
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