A TEACHERS’ trade union rep at John Kyrle High School in Ross was targeted in a skewed disciplinary process aimed at getting rid of her, a scathing employment tribunal judgement has concluded.

The school’s former head of drama, Jo Lucas, took legal action alleging unfair dismissal, direct disability, discrimination arising from disability, failure to make reasonable adjustments for her disability and unfair treatment because of her trade union activities.

The school argued she was dismissed for gross misconduct after a reasonable, independent investigation and a fair appeals process that was prompted by after poor exam results in 2016 but that she “failed to engage” with it.

Workplace adjustments were offered by the school but some were turned down, the tribunal heard.

Mrs Lucas was sacked at the end of March 2017 for allegedly failing to prepare students for GCSE and A-Level exams, intentionally misleading the school over grade predictions, faking data in a performance review and committing a safeguarding offence while under investigation.

In a 70-page judgement, the tribunal found in Mrs Lucas’s favour on all points except direct disability discrimination, because somebody in the same position but without disabilities would have been treated the same.

It also found that Mrs Lucas was wrong to communicate with a student who contacted her during the investigation process but said her deteriorating health – which the tribunal found was downplayed by the school – provided mitigation.

Mrs Lucas first showed signs of arthritis in June 2015 but it was not diagnosed until April the following year, by which time her symptoms included not being able to sit on the floor with students, “claw-like” hands and extreme fatigue.

There was a “significant animus” between the school – particularly headteacher Mr Nigel Griffiths – and that was “inextricably linked” to her activities as a representative for the National Union of Teachers, the tribunal found.

“The Tribunal concluded on the basis of all of the evidence we heard that the main purpose for proceeding down a misconduct process – with allegations of wilful, deliberate, falsify conduct, and allegations of breach of trust – instead of a capability process which would consider the medical issues in more detail, was because of the significant animus that the respondent, and in particular Mr Griffiths, had towards the claimant,” said the tribunal’s findings.

“We concluded that this animus was inextricably linked to the claimant’s trade union activities. It was this factor, we concluded, which triggered the disciplinary process instead of a capability process, and it was this which led inevitably to the allegations of gross misconduct.

“While the school was right to investigate given its “strong concerns” about the drama results – which led to complaints from parents and some students not to go into sixth form – the way it went about it was not reasonable,” it said.

“The Tribunal concluded that the manner of this investigation, in which the claimant’s health was downplayed and deliberate misconduct issues maximised, was not an appropriate or a reasonably necessary means of achieving its legitimate aim.

“We considered that the means chosen were not even-handed as they were designed to maximise the prospect of the claimant’s dismissal rather than being a measured and evidence-based response to the issue.”

On the question of adjustments, the tribunal decided they were “were too little and in most cases too late or impracticable.

The tribunal also drew “adverse inferences” from Mr Griffiths’s failure to attend any of the 10-day hearing in Birmingham.

On July 4, 2016 – 24 hours before six John Kyrle staff joined in a national strike – Mr Grifiths asked for Mrs Lucas’s “Bradford Factor” score – which is used to assess absence.

The Tribunal considered “the most likely explanation” was connected to the strike and Mrs Lucas’s role in it.

On July 15, in an e-mail to the Chair of governors Mr Griffiths personal assistant claimed Mrs Lucas had raised questions on the issue of voting integrity.

Mr Griffiths’s response was: “FIGJAM (**** Me, I Good, Just Ask Me) . And her file.”

The tribunal concluded he was “banking” it to use against Mrs Lucas.

A date is to be set for representations for a preliminary hearing before a decision is made on the “remedy”.

Decision ‘not sign of systemic problem’

THERE were failings in the way John Kyrle High School treated Mrs Lucas and the positive action will be taken to ensure it does not happen again, the school’s chair of governors has said.

In a letter to parents, Denise Strutt said they were “deeply saddened” the tribunal found the process did not reflect the ethos and values of the school.

She said: “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.

“... 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.

“We all feel it important to be open and transparent about this news.

“We want to do everything we can to secure the best for our students.

“We are also deeply committed to ensuring that our environment is one where every member of our community can be happy, healthy and successful.”

Ms Strutt said that any settlement would be covered by insurance.