John Kyrle High School loses employment tribunal

John Kyrle High School have lost an employment tribunal which found a teacher had been unfairly dismissed in 2017 for gross misconduct.

The tribunal, which took place in July this year, found Mrs J Lucas, who was director of performance and head of drama at the time of her dismissal on 31st March 2017, was unfairly dismissed.

John Kyrle High School had argued that Mrs Lucas had ‘wilfully neglected her duties by failing to prepare students adequately for Summer 2016 GCSE, AS and A2 level exams’, and also claimed that Mrs Lucas had been misleading over predicted grades and falsified data on a performance management review.

Mrs Lucas accepted that the grades in drama at GCSE, AS and A2 level were ‘disappointing’. However, she argued that an initially undiagnosed medical condition impacted on her ability to teach, and that she had requested assistance with her duties, which had not been provided.

The tribunal found that all claims of discrimination arising from disability were well founded and succeed. The failure to make reasonable adjustments were also well founded and succeed.

The results of the hearing were announced on 4th November. The full judgements are listed below:

1. The claim of automatic unfair dismissal is well founded and succeeds.
2. All claims of direct disability discrimination (s.13 Equality Act 2010) fail and are dismissed.
3. All claims of discrimination arising from disability (s.15 EqA 2010) are well founded and succeed
4. All claims of a failure to make reasonable adjustments are well founded and succeed.
5. All claims of trade union detriment are well founded and succeed.

The judge’s statement, which is 70 pages, can be viewed here: https://assets.publishing.service.gov.uk/media/5fa2a7bde90e070422432013/Mrs_J_Lucas_v_John_Kyrle_High_School__and_6th_Form_Centre_-_1301603.2019_-_Judgment__revised_.pdf

Since the judgement was announced a petition has been been created calling for the removal of Headteacher, Mr Nigel Griffiths, and Operational Headteacher, Mr David Boyd, and a vote of no confidence in members of the Senior Leadership Team and overseeing management/Governors. So far the petition has gained over 140 signatures.

The Chair of Governors, Denise Strutt, has written to parents and carers of the school saying: “We make no apology for continually trying to get the very best for our pupils. Ensuring they are happy and successful is the reason why we do what we do. We are, however, deeply saddened that the tribunal concluded that the actions taken against this teacher were not conducted in a way that reflects the ethos and values of our school and found in the individual’s favour on a number of points. This includes views that the individual was treated detrimentally because of their links to trade unions and that the school did not do enough to support the staff member concerned with their health issues.

“A disciplinary process is something that is led by governors with input from the senior leadership team and there was extensive advice from both external lawyers and HR specialists. We followed all advice closely and, as a result, our insurers felt our case was strong. The tribunal, however, disagreed.

“While no details are yet to be agreed, we want to assure parents of two things. Firstly, the school has insurance in place in case of this outcome.

“Secondly, while there are clearly lessons to be learned, I want to reassure parents that, despite the failings in this individual case, our staff are happy at the school. Our last full Ofsted inspection concluded, ‘Staff are proud to work at the school’ and we continue to get so much positive feedback from our staff surveys.

“There were failings in this case; this is not the sign of a systemic problem. We will take positive action to ensure this situation does not happen again.”

A preliminary remedy hearing is due to take place either this month or December. We will being you further updates as this case unfolds.