School fails to overturn decision after unfairly dismissing a teacher

[okarol]

School fails to overturn decision

Published Date:
12 July 2009
By Kirsty Marais

A school that unfairly dismissed a teacher with renal failure has lost its appeal against an employment tribunal's decision.
Old Buckenham Hall School, in Brettenham, took its case to the Employment Appeal Tribunal last week, after art teacher Julie Parker won her claim for constructive dismissal.

Earlier this year, a tribunal heard the teacher had been running the art department when she suffered kidney failure in 1989, but was later refused help when she requested it from the headteacher, Martin Ives, after she relapsed.

A panel rejected the school's appeal on Friday more than two years after the teacher, who had a transplant in 1990, resigned from her job saying she was effectively demoted when a new head of art was brought in.

In January, Judge Jeremy Cole found Miss Parker, of Lower Green Cottages, Felsham, had been constructively and unfairly dismissed and was discriminated against contrary to the Part-Time Workers Regulations 2000.

He also found the school failed to make reasonable adjustments to accommodate her disability after, in October 2003, she suffered a relapse that left her needing regular dialysis three or four times daily.

During the original hearing, the school claimed she had never been employed as head of art, although former colleagues said she had done the same work as other department heads – while one said she had been 'grossly overloaded' with work.

Mr Ives had told the hearing he decided a full-time head was needed to increase the number of scholarships.

But the tribunal heard Miss Parker's request for help, or for a job-share arrangement, had been turned down. When she subsequently applied for the head of art post, she was rejected.

A spokeswoman for the school, which has until July 24 to apply for leave for a further appeal, said: "We note the recent judgment of the Employment Appeal Tribunal and that a remedy hearing will follow.

"Until such time as this is concluded, we are not in a position to comment further."

A date for a remedy hearing to fix compensation for Miss Parker has still to be set.

http://www.buryfreepress.co.uk/news/School-fails-to-overturn-decision.5445495.jp