The judgement found that the actions of the school’s headteacher, Michael Earnshaw, were ‘tainted by a personal animosity’ towards Carmen Wood-Hope
Carmen Wood-Hope(Image: Ryan Jenkinson | Manchester Evening News)
An industrial tribunal has awarded a Salford primary school teacher £370,000 after finding she was unfairly sacked and discriminated against for “trade union reasons.”
Carmen Wood-Hope, who had 30 years experience as a teacher, was employed at The Friars Primary School in Salford from 2014. She became a member of the school’s senior leadership team as its Liaison and Cohesion lead, with responsibility for relations with parents and staff.
An employment tribunal held over ten days heard she was an excellent classroom teacher who had, in March 2017, been recommended for and received an additional pay award to reflect her ‘highly competent’ performance.
But after she became the National Union of Teachers (NUT), later National Education Union (NEU), workplace representative for teaching staff members at the school, she ended up being dismissed.
Carmen Wood-Hope, who was unfairly sacked from Friars Primary School in Salford(Image: Ryan Jenkinson | Manchester Evening News)
She successfully sued The Friars Primary School in Salford and has been awarded £370,563 after winning claims of unfair dismissal, trade union detriment, and disability discrimination. But Miss Wood-Hope says she has only received about £240,000 of the money as Salford City Council has objected to one part of the pay-out.
The council has disputed the element included for tax liability, which is approximately £130,000.
Speaking to the Manchester Evening News, she said: “The human cost to me and my husband has been devastating. I have never received an apology for the undue stress and illness it caused me from the school, or any apology from the local governing body, or from the head teacher, or Paul Dennett (City Mayor). Nobody has apologised for what they did to me.”
She added: “I lost the job I loved and was good at.”
Headteacher ‘was intent on extracting revenge’
At the tribunal, held last autumn, the teacher claimed that she had been discriminated against by the school.
And, in its judgement, a panel of three decided that she had been ‘automatically unfairly dismissed for trade union reasons’ after The Friars’ headteacher, Michael Earnshaw, who held ‘antipathy towards’ her, had put in place a ‘punitive’ ‘support plan’.
Concluding that Ms Wood-Hope had ‘suffered detriment because of her trade union duties’, the judgement said of headteacher Michael Earnshaw: “The respondents’ main purpose in carrying out such treatment was to prevent or deter the claimant from taking part in the activities of an independent trade union at an appropriate time and also to penalise her for so doing.
“Under cross-examination, Mr Earnshaw was unable to explain his actions. In the absence of any explanation, the Tribunal concluded on a balance of probabilities that Mr Earnshaw was intent on extracting revenge and that his animus to the claimant betrayed him.”
The judgement found that the actions of Mr Earnshaw were ‘tainted by a personal animosity’ towards Ms Wood-Hope, who had ‘challenged’ him as union rep, and that he did not like that the union was ‘preventing him from exercising free reign’.
Michael Earnshaw – headteacher of The Friars Primary School in Salford(Image: Manchester Evening News)
The tribunal’s panel also concluded: “The claimant suffered unlawful disability discrimination: by the respondents’ unfavourable treatment because of something arising in consequence of disability which was not justified; and by the respondents’ failure to make reasonable adjustments.”
The incidents started after Ms Wood-Hope – who represented the trade union for the staff at the primary school – told Mr Earnshaw he was in breach of agreed long-standing terms when he announced new classroom observation rules following his appointment as headteacher in September 2018.
The tribunal’s judgement said: ‘On 24 September 2018, Mr Earnshaw announced to a whole staff meeting that he was changing the classroom observation protocol and that observations would thereafter be conducted by drop-in to classes, unannounced.”
Trade union members raised their concerns to Ms Wood-Hope but when she relayed them to him he was ‘dismissive’ and remained ‘determined to proceed’ with his new observation protocol, the tribunal said.
The Manchester tribunal heard his continuing ‘intransigence’ over the unannounced classroom observations resulted in a ballot for strike action by the staff.
By November 2018, Mr Earnshaw ‘conceded to a request to conduct week-long observation periods, on five days’ notice to staff’.
But the employment tribunal found Mr Earnshaw then embarked on a ‘deliberate campaign’ to see that Ms Wood-Hope lost her job as ‘revenge”.
He threatened her with ‘unsubstantiated’ allegations of misconduct and had her put on a performance plan despite records showing she excelled at teaching.
In March 2019, Mr Earnshaw turned a minor issue involving Ms Wood-Hope into a formal investigation and she had a panic attack and went off work and was absent for 48 working days until June.
He continued to hound her with disciplinary action when she went off sick through work-related stress, the tribunal heard, and she was put on supply teacher duties for the remainder of the academic year. But when the new school year resumed, Mr Earnshaw still had her placed on supply teacher duties.
During her appraisal, Mr Earnshaw raised ‘concerns’ about her teaching which were unfounded, it was heard.
Another teacher told Ms Wood-Hope that Mr Earnshaw was continuing to conduct observations outside protocol and she had a word with him, making him ‘very angry’.
Mr Earnshaw decided Ms Wood-Hope needed to be placed on a performance management plan which the tribunal said had ‘no justification’.
Two years worth of negative comments about Ms Wood-Hope’s teaching were compiled and used against her – despite her recorded strengths ‘far outweighing’ them. The evidence was ‘selective and deliberately constructed to be critical of her’.
Ms Wood-Hope refused to sign the support plan and she went on long-term sick leave. During her absence review meetings, Mr Earnshaw provided a report that was ‘unbalanced, inaccurate and self-serving, designed to ensure her dismissal’ the tribunal found,
She was sacked in December 2020 due to sickness absences.
The Friars Primary School in Cannon Street, Salford.
The Tribunal decided to make an award of £25,000 for injury to feelings. Employment Judge, Marion Batten, says in her report: “The history of the claim shows that the claimant suffered over two years of sustained action from Mr Earnshaw, and she reasonably formed the view that her days were numbered. This adversely impacted her mental health.”
Attacks continued after she was sacked
After her eventual sacking, Mr Earnshaw then ‘continued to pursue her demise’ by supplying damaging and unfounded bad references to other employers to try to make sure she never worked in teaching again. The tribunal heard Ms Wood-Hope suffered depression and had to sell her house because of the impact it had on her.
Judge Batten adds: “After her dismissal, the claimant made concerted efforts to get another teaching job but the second respondent’s references, compiled by Mr Earnshaw, were designed to be and were obstructive of her efforts. The claimant was told as much by one recruitment agency and she managed to obtain documentary evidence.
“His conduct continued to injure the claimant’s feelings significantly. The claimant had been a longstanding, award-winning teacher. She lost a permanent senior position, and became reliant on the vagaries of the employment support market for teachers, facing the insecurity of supply work.
“Her self-esteem was shattered. As a result, the claimant came to fear that she would not find teaching work at all, or that the best she could expect would be to work reduced hours and/or only intermittently, and for less money.
“As a result, a degree of insecurity crept in. The claimant’s reduced circumstances ultimately necessitated a house move, which added to the stress the claimant suffered. The Tribunal considered that the claimant’s feelings were therefore very much hurt.”
The award by the Tribunal included £10,000 for personal injury and £10,000 for aggravated damages, and £95,000 for loss of earnings.
‘It is not finished… it is not closed for me’
But Ms Wood-Hope says a substantial portion of the awards are yet to be paid.
Ms Wood-Hope said: “The £130,000 tax element of the award is still to be paid. My legal teams costs are £47,000 and ongoing to date.
“The school/ Salford LEA were told that a failure to pay the tax would incur costs of eight percent compound interest from 12th January this year – which is taxpayers money.
“The human cost of all this to me and my husband has been devastating. Having to sell our lovely home and downsize. Losing my hard worked for financial security at the age of 60. Not being able to pay off the mortgage as planned. I can never thank my husband Jason enough for his unwavering love and support. And that of my family.”
She was supported through the tribunal process by Judith Elderkin, local Salford National Education Union representative, Judith Elderkin.
“Judith’s time and support has been crucial to me,” said Ms Wood-Hope. “She was only paid two day a week facilities time but she worked tirelessly to see me win my case, she also appealed the decision to not pay my legal fees despite the overwhelming evidence.
“It is still not finished with part of the award not paid. Until this is all over and the tax has been paid I can’t move on. I remain cautious. It is not closed for me.”
A Salford City Council spokesperson said: “The employment tribunal found in favour of the claimant and has now awarded compensation. We will consider the learning from the case.”
They declined to say whether the school or local authority would pay the amount awarded to Ms Wood-Hope. They also declined to comment on the disputed tax element of the pay-out.
Mr Earnshaw has declined to comment.