£370K payout for ‘revenge’ dismissal
Ms Wood-Hope v Salford City Council and The Governors of the Friars Primary School
Ms Wood-Hope was employed at the school as a teacher from February 2014. She later became a member of the school’s leadership team and was credited as a ‘highly competent’ performer. In 2017, Ms Wood-Hope became a trade union representative for teaching staff at the school.
In 2017, Ms Wood-Hope attended a grievance meeting as representative of an employee who had raised a grievance against Mr Earnshaw. The grievance was upheld, and Mr Earnshaw was made to apologise.
Informal warning
Throughout 2017 and 2018, Ms Wood-Hope challenged a decision by Mr Earnshaw to change the classroom observation protocol. Ms Wood-Hope was later issued with an informal warning about her conduct.
Grievance
Ms Wood-Hope later raised a grievance with regards to breach of confidentiality by other staff members. Mr Earnshaw, now the headteacher, discussed the matter with those involved and came back to Ms Wood-Hope to confirm several issues had been raised against her which would have to be investigated. Ms Wood-Hope suffered a panic attack and was sent to A&E. She remained off sick with work-related stress for three months. On her return to work, the headteacher decided that she would remain on PPA duties for the autumn term.
Misconduct
On 4 November 2019, in her capacity of union representative, Ms Wood-Hope met with the headteacher to raise the issue that he had continued to conduct classroom observations outside of agreed protocol. Later that day, he called Ms Wood-Hope to a meeting without notice and to tell her that she was going to be subject to a misconduct investigation. The misconduct related to another teacher’s work, not to Ms Wood-Hope.
Performance plan
A series of unsubstantiated concerns about Ms Wood-Hope’s performance followed and she was later placed on a performance plan. Ms Wood-Hope was signed off work with work-related stress due to the imposition of the support plan.
Dismissal
Over the following year, various grievance meetings and absence reviews took place. In December 2020, Ms Wood-Hope was eventually dismissed at a stage 4 attendance management hearing for persistent and/or excessive absence for sickness.
After her dismissal, the headteacher continued with his campaign against her by stating she was a ‘safeguarding risk’ within references to other schools.
Trade union activities
Ms Wood-Hope succeeded in claims for unfair dismissal, detriment for trade union activities and disability discrimination. The employment tribunal (ET) found that the headteacher’s actions were tainted by a personal animosity toward Ms Wood-Hope which the ET considered to have arisen because she had challenged him in her capacity of trade union representative. He had subsequently threatened Ms Wood-Hope with disciplinary action or a support plan. He was also found to have controlled the dismissal process as he wanted rid of Ms Wood-Hope.
Subsequently, Ms Wood-Hope’s dismissal was found to be unfair because the principal reason was her trade union activities.
She was awarded a total sum of £370,563.53.
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