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‘Trade union’ primary school teacher sacked by head ‘intent on revenge’ awarded £370K

Portrait of Carmen Wood-Hope at her home in Salford.

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Portrait of Carmen Wood-Hope at her home in Salford. (Image: Ryan Jenkinson | Manchester Evening News)

An industrial tribunal has awarded a staggering £370,000 to Carmen Wood-Hope, a seasoned Salford primary school teacher, after determining she was unjustly fired and subjected to discrimination for “trade union reasons.” Carmen, who dedicated 30 years to her teaching profession, joined The Friars Primary School’s senior leadership team as their Liaison and Cohesion lead, playing a pivotal role in fostering relationships with parents and staff.

During a ten-day employment tribunal, it surfaced that Carmen had been acknowledged as an exceptional classroom instructor who, in March 2017, had been honoured with a pay rise to mirror her ‘highly competent’ performance.

However, her fortunes waned following her appointment as the National Union of Teachers (NUT), later rebranded as the National Education Union (NEU), workplace representative, culminating in her dismissal. Pursuing legal action against The Friars Primary School resulted in her victory across claims of unfair dismissal, trade union detriment, and disability discrimination, resulting in a compensation of £370,563.

Despite her win, Miss Wood-Hope reveals she’s only pocketed approximately £240,000 since Salford City Council has disputed a chunk of the compensation reserved for tax liability estimated at around £130,000, reports the Manchester Evening News.

Speaking to the Manchester Evening News, she expressed: “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 lamented: “I lost the job I loved and was good at.”

The Friars Primary School in Cannon Street, Salford.

The Friars Primary School in Cannon Street, Salford. (Image: )

During the tribunal held last autumn, the teacher alleged that she had faced discrimination by the school. The judgement by a panel of three determined that she had been ‘automatically unfairly dismissed for trade union reasons’ after The Friars’ headteacher, Michael Earnshaw, who harboured ‘antipathy towards’ her, implemented a ‘punitive’ ‘support plan’.

The judgement concluded that Ms Wood-Hope had ‘suffered detriment because of her trade union duties’ stating about 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 tribunal’s bombshell verdict has revealed Mr Earnshaw’s actions were ‘tainted by a personal animosity’ towards Ms Wood-Hope, who in her role as union representative had ‘challenged’ him, eliciting his dislike due to the union ‘preventing him from exercising free reign’.

In a damning statement, the panel further decreed: “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.”

Michael Earnshaw - headteacher of The Friars Primary School in Salford

Michael Earnshaw – headteacher of The Friars Primary School in Salford (Image: Manchester Evening News)

The row sparked off when Ms Wood-Hope courageously confronted Mr Earnshaw after he unilaterally decreed new classroom observation rules soon after taking charge as headteacher in September 2018. Detailing the findings, the judgement reports: ‘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.

“Staff members immediately turned to the formidable Ms Wood-Hope with their grievances, yet she met a wall of resistance in Mr Earnshaw, who appeared ‘dismissive’ and obstinately ‘determined to proceed’ with his controversial methods, as outlined by the tribunal. During the case in Manchester, it came to light that his continued ‘intransigence’ with regards to these surprise observations instigated a vote for industrial action amongst the aggrieved staff. By November 2018, Mr Earnshaw ‘conceded to a request to conduct week-long observation periods, on five days’ notice to staff’.

However, the employment tribunal found that Mr Earnshaw then embarked on a ‘deliberate campaign’ to ensure 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 escalated a minor issue involving Ms Wood-Hope into a formal investigation which resulted in her having a panic attack and being off work for 48 working days until June. He continued to hound her with disciplinary action when she went off sick due to 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’. Ms Wood-Hope faced a barrage of compiled negative feedback spanning two years, which was used against her despite her considerable strengths as a teacher. The tribunal found the evidence to be ‘selective and deliberately constructed to be critical of her’.

Refusing to sign a support plan, Ms Wood-Hope took long-term sick leave. During this period, Mr Earnshaw submitted a report to the review meetings that the tribunal deemed ‘unbalanced, inaccurate and self-serving, designed to ensure her dismissal’. Ultimately, she was dismissed in December 2020 on the grounds of sickness absence. The Employment Tribunal awarded Ms Wood-Hope £25,000 for injury to feelings. Employment Judge Marion Batten noted 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. “Even after her dismissal, Mr Earnshaw allegedly continued his vendetta by providing detrimental references to potential employers, effectively attempting to end her teaching career. The tribunal was informed that Ms Wood-Hope’s mental health deteriorated into depression and she was forced to sell her home due to the ordeal’s financial strain. Judge Batten remarks: “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 Tribunal’s award included £10,000 for personal injury, £10,000 for aggravated damages, and £95,000 for loss of earnings.’It is not finished… it is not closed for me’. However, Ms Wood-Hope states that a significant portion of the awards remains unpaid. Ms Wood-Hope has disclosed her ongoing financial ordeal, stating: “The £130,000 tax element of the award is still to be paid.

My legal teams costs are £47,000 and ongoing to date. “She highlighted the financial consequence of non-payment by Salford LEA, saying: “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.

“She then detailed the personal toll of the situation: “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.

Carmen was a teacher at The Friars Primary School who was unfairly dismissed by the headteacher.

Carmen was a teacher at The Friars Primary School who was unfairly dismissed by the headteacher. (Image: Ryan Jenkinson | Manchester Evening News)

“Ms Wood-Hope received vital backing during the tribunal from Judith Elderkin, the Salford National Education Union representative. “Judith’s time and support has been crucial to me,” she gratefully acknowledged. She described the dedication of Elderkin, who only received two days of paid facilities time each week, yet worked tirelessly on her behalf: “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. Reflecting on the unresolved nature of her case, Ms Wood-Hope expressed: “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. “In response to the tribunal’s findings, a spokesperson from Salford City Council remarked: “The employment tribunal found in favour of the claimant and has now awarded compensation. We will consider the learning from the case.”

They refused to disclose whether the school or local authority would cover the sum awarded to Ms Wood-Hope. They also refrained from commenting on the contested tax component of the pay-out. Mr Earnshaw has chosen not to comment.

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