The former head of children's services at Haringey Council lost her appeal with Haringey against her dismissal on Monday. She was sacked last December without any compensation or pay in lieu of notice following an investigation in the Baby P case.
But she still has the option of going to an employment tribunal.
William Garnett, partner and head of employment at law firm Bates, Wells and Braithwaite, said she would have a strong case. "It's difficult to directly say that she is guilty of gross misconduct and to some extent she will definitely argue that she's been scapegoated," he said.
He added that any case is likely to rest on whether Haringey held a disciplinary hearing before Shoesmith was dismissed, although the council is likely to argue that they had to dismiss her immediately because of public and ministerial pressure.
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