Safeguarding lead’s claims not upheld at tribunal
In the case of Lisa Chamberlain v Stowe Valley Multi Academy Trust, the employment tribunal (ET) considered claims of disability discrimination, breach of contract and constructive dismissal.
Background
Ms Chamberlain, a former police officer, joined the trust in May 2023 as deputy designated safeguarding lead, supporting Gaynor Davy, the designated safeguarding lead. Ms Chamberlain had left the police force due to a back condition, which meant that she could not pass the fitness test and so would only be able to undertake a desk-based role.
Ms Chamberlain resigned from the trust later that year due to overwork and unhappiness at the way safeguarding was being carried out. She claimed that this amounted to constructive dismissal and she should, therefore, have been paid for her notice period. She also made a claim for overtime she had worked and a claim that there was a failure to provide an orthopaedic chair as a reasonable adjustment for her bad back.
Facts of the case
The safeguarding team worked with a behavioural team which interacted with affected pupils. There was a feeling that safeguarding issues were not properly addressed by the behavioural team. This meant that problems were not resolved and this increased the workload for the safeguarding team. It also led to frustration, as the safeguarding team felt that the effectiveness of their work was undermined by lack of implementation.
An additional issue was that the headteacher at this time was widely regarded as ineffective. Given that he was ultimately responsible for making safeguarding decisions, this caused problems when he made decisions that the safeguarding team did not recommend. The headteacher left before the end of 2023, following concerns raised by members of staff, including Ms Chamberlain.
Working in excess of contractual hours
Ms Chamberlain had exchanged text messages with Ms Godfrey, the trust’s director of safeguarding, about the workload, which showed that she was working far in excess of her contractual hours. Her contract provided for a fixed salary. It contained the possibility of paid overtime, but only if expressly authorised in advance. None of the overtime she worked was authorised for payment.
Concern about safeguarding
The background to Ms Chamberlain leaving was that she had an extremely high amount of work, which conscience required her to complete against the background of justified concern about the school’s safeguarding being dysfunctional. Ms Godfrey appears to have supported this view.
Resignation
However, the trigger for Ms Chamberlain resigning was around the case of a particular child, referred to as Child A at the ET hearing. Ms Chamberlain had a definite view of the right outcome, but the headteacher decided otherwise. Ms Chamberlain feared that Child A might end up being stabbed. She left work immediately the decision was made.
Regarding the claim of failure to provide a reasonable adjustment, Ms Chamberlain was due to have an assessment on the afternoon of Friday 10 November 2023. However, this did not take place, because Ms Chamberlain had resigned and left earlier that day.
Findings
Unpaid overtime
Ms Chamberlain accepted that the contract requires management pre-authorisation for paid overtime, which she did not seek. At the time, she clearly understood that it was unpaid overtime.
The ET concluded that, as there was no contractual right to paid overtime, it cannot be a breach of contract not to pay it, nor can it be an unlawful deduction from wages. It was not deducted as there was no entitlement from which to deduct it.
Notice pay
Ms Chamberlain first had to establish a breach of contract. The background was an excessive workload. However, by her date of resignation, the workload had reduced and Ms Chamberlain had the support of Ms Godfrey in getting that changed. Workload was not referred to in her resignation email, nor in the discussion with Ms Godfrey two days later. The ET concluded that this was not the reason she resigned.
Although Ms Chamberlain had concerns about safeguarding decision-making at the time, the ET concluded that poor decision-making is not a breach of mutual trust and confidence of itself. The resignation was over one issue Ms Chamberlain thought very important. While there were clear issues around workload and organisational issues, they were not breaches of Ms Chamberlain’s contract of employment. The ET stated ‘this was a resignation over a point of principle and to be applauded for that reason, but was not a response to a breach of contract’.
In summary:
- Ms Chamberlain’s workload was not a reason for resigning and so cannot lead to a constructive dismissal.
- Ms Chamberlain’s difference of opinion about a safeguarding outcome is not a breach of her contract and also cannot lead to constructive dismissal.
Therefore, the claim for notice pay fails.
Failure to make reasonable adjustments
Ms Chamberlain made no formal request for desk assessment until September, and it had been arranged when Ms Chamberlain resigned. The ET stated that while best practice might have been to ask Ms Chamberlain if she needed any reasonable adjustments by reason of her back problem, not doing so is not a failure to provide a reasonable adjustment. Therefore, the claim failed.
Summary and advice for schools
Manage workloads
- Regularly review staff workloads and offer support to prevent burnout.
Safeguarding processes
- Ensure clear and consistent safeguarding procedures are in place.
- Involve all relevant staff in decision-making to reduce conflicts.
Support for staff health needs
- Proactively identify and address health-related needs, such as carrying out desk assessments and providing appropriate equipment.
Overtime policies
- Clearly communicate and enforce policies about overtime and ensure pre-authorisation procedures are understood.
Effective leadership
- Strong leadership is critical for managing sensitive areas like safeguarding. Provide training and hold leaders accountable for decision-making.
By following these practices, schools can create a positive working environment and avoid similar disputes.
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