Primary school teacher sacked by head in ‘revenge’ for complaining about his plans to monitor lessons wins £370,000 tribunal payout

An award-winning primary school teacher has won £370,000 after her ‘dictatorial’ head orchestrated her sacking as ‘revenge’ for challenging him over his new classroom observation rules.

‘Highly competent’ Carmen Wood-Hope was ousted by Michael Earnshaw after she confronted him over his plans to drop into lessons unannounced.

Weeks into his tenure, new head Mr Earnshaw told staff that he would be changing protocol so that teachers would not be warned he would be monitoring classes to assess their capabilities.

Ms Wood-Hope – who represented the trade union for the staff at the primary school – kicked back and told Mr Earnshaw he was in breach of agreed long-standing terms.

An employment tribunal found Mr Earnshaw then embarked on a ‘deliberate campaign’ to see to it that Ms Wood-Hope lost her job as ‘revenge”.

He threatened her with ‘unsubstantiated’ allegations of misconduct, had her put on a performance plan despite records showing she excelled at teaching, and hounded her with disciplinary action when she went off sick through work-related stress.

After her eventual sacking, ‘cruel’ 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.

Ms Wood-Hope was a member of the senior leadership team and was the school's trade union official for the National Education Union

Ms Wood-Hope was a member of the senior leadership team and was the school’s trade union official for the National Education Union

An employment tribunal found headtacher Michael Earnshaw then embarked on a 'deliberate campaign' to see to it that Ms Wood-Hope lost her job as 'revenge'

An employment tribunal found headtacher Michael Earnshaw then embarked on a ‘deliberate campaign’ to see to it that Ms Wood-Hope lost her job as ‘revenge’

But 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.

A tribunal panel was told Ms Wood-Hope began working at The Friars Primary School in 2014 and was a ‘highly competent’ and ‘accomplished’ teacher.

She became a member of the senior leadership team and was the school’s trade union official for the National Education Union (NEU).

Mr Earnshaw was appointed as headteacher in September 2018 and immediately set about making changes.

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 they were relayed to the Head 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’.

Ms Wood-Hope was awarded £370,563 after winning claims of unfair dismissal, trade union detriment, and disability discrimination

Ms Wood-Hope was awarded £370,563 after winning claims of unfair dismissal, trade union detriment, and disability discrimination

Ms Wood-Hope  was sacked in December 2020 due to sickness absences and eventually had to sell her home

Ms Wood-Hope  was sacked in December 2020 due to sickness absences and eventually had to sell her home

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.

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 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’.

She was sacked in December 2020 due to sickness absences.

The tribunal said the headteacher's 'actions, largely unexplained under cross-examination, were tainted by a personal animosity' towards Ms Wood-Hope.

The tribunal said the headteacher’s ‘actions, largely unexplained under cross-examination, were tainted by a personal animosity’ towards Ms Wood-Hope.

Ms Wood-Hope tried to find work after her sacking – but whenever she found employment it was ‘quickly taken away’ as it emerged Mr Earnshaw gave bad references.

The tribunal found he told her prospective employers that she was a ‘safeguarding’ risk but without any substantiation.

Employment Judge Marion Batten said the headteacher’s ‘actions, largely unexplained under cross-examination, were tainted by a personal animosity’ towards Ms Wood-Hope. 

EJ Batten said it was right for the teacher to challenge him in her capacity as staff trade union representative, ‘as Mr Earnshaw sought to adopt a dictatorial attitude and ride roughshod over collectively negotiated and long standing policies and procedures.’

She added: ‘He did not like the fact that the recognised trade union, the NEU, was preventing him from exercising free reign and that the union required him to negotiate with staff and follow protocol.’

The employment judge said that in response to these challenges, Mr Earnshaw ‘adopoted an approach of threatening’ Ms Wood-Hope with ‘unsubstantiated allegations of misconduct or performance, with disciplinary action or a support plan.’

The tribunal panel concluded the heateacher acted as he did because he ‘wanted rid’ of the teacher.   

Manchester Employment Tribunal, where Employment Judge Marion Batten found Mr Earnshaw's actions were 'tainted by a personal animosity' towards Ms Wood-Hope

Manchester Employment Tribunal, where Employment Judge Marion Batten found Mr Earnshaw’s actions were ‘tainted by a personal animosity’ towards Ms Wood-Hope

But EJ Batten added: ‘Having secured her dismissal, he continued to pursue (Ms Wood-Hope’s) demise by supplying damaging and unsubstantiated references which had the potential to prevent her from working elsewhere or at all.

‘Mr Earnshaw used his position as Head Teacher, responsible for references, to continue to operate against her in the teaching market, even after he had dispensed with her services.’

She said the headtaecher’s unsubstantiated indication that Ms Wood-Hope was a ‘safeguarding’ risk  ‘was unlawful, cruel and wrong.’

The Tribunal concluded that ‘on a balance of probabilities that Mr Earnshaw was intent on exacting revenge and that his animus to (Ms Wood-Hope) betrayed him.’

The Friars Primary School was rated ‘Good’ by Ofsted in March 2024 following its latest inspection.

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