For immediate release28th April 2003
Teacher discriminatedagainst and unfairly dismissed
An Employment Tribunal at Ashford, Kent hasfound that Mrs. Lorna Hurrell, age 54, was unfairly dismissed from heremployment at Gads Hill School, an independent school near Rochester, Kent, andwas discriminated against on grounds of disability.
Mrs. Hurrell was head of the kindergartendepartment at the school and had been suffering from cancer. She had initially been diagnosed in early2000 but returned to work after treatment. Later it was found that the tumourhad spread and further treatment was needed. This treatment was successful andshe was found to be fit to return in April 2002. However her specialistrecommended a phased return during the Summer term in the expectation that shewould be fit to resume her full duties from August 2002.
Despite the medical advice the schoolinitially insisted that she either returned on a full time basis or,alternatively, accept a severance package. The package proposed wasunsatisfactory. Neither option was acceptable to her. Subsequently she was toldthat her contract would be terminated. By this point the school had moved tothe position where she either accepted a severance package or be dismissed
With the support of her Union, the NationalUnion of Teachers, she made an application to the employment tribunal. Her casewas heard on 24th March 2003 and judgment has now been given
The Tribunal found that by dismissing herwith effect from 28th August 2002 the school had acted unfairly andhad discriminated against her on grounds of her disability. The tribunal foundthat there was no justification for the discriminatory dismissal. The school,so found the tribunal, had taken the action it had because of the possibilitythat she might become ill again at some time in the future although the medicalprognosis was encouraging.
The case will now be remitted to theTribunal in June to determine the level of compensation to which she will beentitled. It is likely to be substantial.
Dick Boland, NUT Regional Secretary, saidtoday:
I applaud Lorna Hurrells courage in notonly fighting cancer but also having the determination to fight the injusticeshe suffered at the hands of her former employers. Our members in independentschools sometimes feel that they do not have the same protection from the lawas members in the state sector. The outcome of this case shows that to befalse. The Union will take appropriate action on behalf of any of our memberswho suffer injustice, be they in state or independent schools
ENDS
For further information contact DickBoland, Regional Secretary
01444 452073 office
01323 811507 home
07803 010710 - mobile