Bury St Edmunds Employment Tribunal has upheld Carol Hill’s complaint of
unfair dismissal. The Employment Tribunal found that Carol’s dismissal was
procedurally unfair, in that the Respondent did not carry out a reasonable
investigation into the allegations against Carol, and that the disciplinary and
appeal hearings were not fair hearings.
A Remedies hearing has been scheduled for February 2nd and 3rd. At that
hearing, the Employment Tribunal will consider whether Carol should be
reinstated, and how much compensation she should be awarded. When
considering how much compensation Carol should be awarded, the
Employment Tribunal will also have to consider the hypothetical scenario of
whether the Claimant would have been fairly dismissed if the Respondent had
followed a fair procedure.
Carol was suspended by the Headteacher of Great Tey Primary School, Mrs
Crabb, in July 2009 and dismissed the following month for supposed
breaches of confidentiality and bringing the school into disrepute.
Dave Prentis, General Secretary of UNISON, said:
“It has been a long and very difficult wait for this ruling from the employment
tribunal for Carol and her family over Christmas and the New Year. I am sure
they will be very pleased that the wait is over and the tribunal has found in
her favour”.
“She now faces another month until the Remedies hearing and that cannot be
easy. UNISON has always believed in her case and we will be there to support
her at the hearing”.
Carol Hill said:
“This is the best New Year news I could have. I am delighted and very relieved
that the tribunal found that I was unfairly dismissed. I have always had the
welfare of the children in my care at heart and I still miss working at the
school”.
“I would like to thank the public, my family and friends and everyone at
UNISON for their support, particularly Mick Mahoney, my union rep, who has
done an amazing job. The Remedies hearing will be the last step in a very
long and hard journey”.
Ends