Case Report: Landmark Tribunal Win: Teacher Awarded £370,000 After Unfair Dismissal Linked to Union Activity
In a major victory for trade union rights and workplace justice, the Employment Tribunal has awarded Ms Carmen Wood-Hope over £370,000 after ruling she was unfairly dismissed due to her role as a union representative and subjected to disability discrimination. This case underscores the serious consequences employers may face for retaliating against trade union activity and failing to support employees with health conditions.
Background
Ms Wood-Hope, a long-serving teacher at Friars Primary School, also served as a representative for the National Education Union (NEU). Employed since 2014, she had raised concerns over observation procedures introduced unilaterally by school leadership in 2018. This triggered a breakdown in her relationship with the Head Teacher, Mr Earnshaw, who began treating her with hostility.
The Employment Tribunal found that Mr Earnshaw and the school engaged in a sustained campaign against Ms Wood-Hope, including issuing an informal warning outside of any disciplinary framework and isolating her professionally. These actions contributed to her developing stress and anxiety, eventually leading to medical leave.
Constructed Dismissal Process
Upon her return to work, Ms Wood-Hope was placed on a so-called "support plan" under vague performance concerns. The Tribunal found that this process was orchestrated by the Head Teacher with the goal of engineering her dismissal. In December 2020, she was dismissed on grounds of incapacity due to sickness absence, a decision that the Tribunal concluded was not genuine but retaliatory.
Post-Dismissal Conduct
The mistreatment continued after her dismissal. Mr Earnshaw gave damaging and inaccurate references to prospective employers, describing Ms Wood-Hope as a "safeguarding risk" despite no evidence to support the claim. This prevented her from finding new employment and compounded the harm she suffered.
Tribunal Findings
The Employment Tribunal ruled decisively in favour of Ms Wood-Hope, finding that:
- She was automatically unfairly dismissed due to her trade union activities
- She was subjected to detriment on the grounds of union involvement
- She was a victim of disability discrimination, with the employer failing to make reasonable adjustments for her mental health conditions
Compensation
In one of the highest tribunal awards in recent years, the total compensation reached £370,563.53, comprising:
- £95,721 for past and future lost earnings
- £25,000 for injury to feelings
- £10,000 for personal injury (stress and anxiety)
- £10,000 in aggravated damages for malicious conduct
- An uplift of over £48,000 due to procedural failures
- Interest and a statutory basic award
Significance
This ruling sends a strong message to employers about the importance of respecting trade union rights and maintaining fair treatment for disabled employees. It reinforces the legal protections afforded to union representatives and highlights the potentially severe financial and reputational risks of failing to uphold those protections.
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