Case Overview: The tribunal case involved the claimant, C Wood-Hope, against the respondents, Salford City Council and the Governors of Friars Primary School. The hearings were held in Manchester on various dates in February, August, and September 2023.
Key Findings:
- The tribunal found that the claimant was automatically unfairly dismissed for trade union reasons.
- The claimant suffered detriment on grounds of trade union membership/activities.
- The claimant experienced unlawful disability discrimination due to the respondents’ unfavourable treatment arising from the claimant’s disability and failure to make reasonable adjustments.
Background: The claimant, a teacher at Friars Primary School, presented complaints of unfair dismissal, trade union detriment, and disability discrimination. The respondents conceded that the claimant was disabled due to mental impairments, including stress, depression, and anxiety.
Unfavourable Treatment Details:
- The claimant was placed on the capability/managing absence process starting from 24 May 2019, which put her at a disadvantage and led to significant stress.
- On 15 November 2019, the claimant was placed on a support plan that was heavy on scrutiny and accountability, causing considerable stress and anxiety.
- The claimant’s grievance was rejected on 19 May 2020, rendering the grievance process pointless.
- The claimant was dismissed on 8 December 2020 with notice, based on her inability to fulfil her contractual duties and her sickness absence.
- Additional incidents included an informal warning about her behaviour, unsubstantiated allegations of misconduct, changes to her timetable without notice, and multiple book looks and observations that were selectively critical.
Tribunal’s Decision:
- The tribunal concluded that the claimant’s dismissal was primarily motivated by trade union activities.
- The support plan imposed on the claimant was deemed punitive and not genuinely supportive.
- The tribunal found that the respondents’ actions were influenced by personal animosity towards the claimant due to her trade union role.
- The tribunal determined that the claimant’s dismissal was automatically unfair and that the claimant suffered detriment and discrimination due to her disability.
Conclusion: The tribunal ruled in favour of the claimant, highlighting the importance of fair treatment and reasonable adjustments in the workplace. The case highlights the need for employers to adhere to legal standards and respect employees’ rights, particularly concerning trade union activities and disability accommodations.
The remedy hearing took place over three days at the end of 2024
Compensation:
- Unfair dismissal: The claimant was awarded a statutory minimum basic award of £6,634.00 7 and £500.00 for loss of statutory rights.
- Loss of earnings: The claimant was awarded £95,721.00 for loss of earnings from 1 May 2021 to 22 November 2024.
- Job seeking expenses: £135.00.
- Injury to feelings: £25,000.00.
- Personal injury: £10,000.00.
- Aggravated damages: £10,000.00.
- Interest: £19,824.65 on awards for injury to feelings, personal injury, and aggravated damages 14, and £23,214.89 on loss of earnings.
- Grossing-up: The total award was grossed up to £322,229.16 to account for tax liability.
- ACAS uplift: A 15% uplift was applied, adding £48,334.37.
Total Award:
The total award payable by the respondent to the claimant was £370,563.53.
Liability Judgment
C_Wood-Hope_v_Salford_City_Council___Other_-_2408035_2021.pdf
Remedy Judgment
C_Wood-Hope_v_Salford_City_Council___Other_-_2408035_2021.pdf
