Dinner lady, 61, sacked for telling parents their child was being bullied wins her claim for unfair dismissal

Published 06th Jan 2011

A primary school dinner lady sacked after telling a couple their seven-year-old daughter was being bullied today won her claim for unfair dismissal.

Carol Hill, 61, had dragged four boys away from Chloe David after finding her tied to a chain-link fence and being whipped with a skipping rope.

She lost her job at Great Tey Primary School in Essex after telling the child's parents about the incident.

Headmistress Deborah Crabb had written to Claire and Scott David claiming their daughter had been 'hurt in a skipping rope incident'.

Mrs Hill was suspended for breaching pupil confidentiality. She had argued that she was made a 'scapegoat' and sacked as part of a 'cover up'.

She was later dismissed by the school's governors after telling a local newspaper about her suspension.

Mrs Hill claimed she was unfairly dismissed and said there had not been a 'proper, fair and reasonable' investigation.

She argued that she was not given a correct notice period and complained that her rights to freedom of expression under European law were infringed.

Reacting to her victory today, she 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.'

The tribunal heard that the girl appeared to have been tied to a playing field fence by her wrist and then 'whipped' across the legs with a skipping rope by a number of boys.

School head Mrs Crabb said four boys involved had explained that they were playing a game called 'prisoners and guards'. She said the incident was not bullying but an 'inappropriate game' which went too far.

Mrs Crabb said she sent a letter to the girl's parents saying: 'You may wish to know (the girl) had a minor accident today. She was hurt on the right leg and right wrist with a skipping rope.'

Mrs Hill gave more detail to the girl's mother at a Scout meeting outside school, and a written statement to the girl's family - which was passed to police - and then called a local newspaper to tell of her suspension, the tribunal heard.

Mrs Crabb told the panel that Mrs Hill was sacked for committing the 'offence' of 'going to the press'.

Mrs Hill's decision to give details of the incident to the child's parents was a breach of confidentiality which would have earned her a 'final warning', said Mrs Crabb.

But by 'talking' to a journalist, Mrs Hill brought the school into disrepute and had to be dismissed, she added.

A Unison spokeswoman added: 'The tribunal has upheld Carol Hill's complaint of unfair dismissal.

'The employment tribunal found that Carol's dismissal was procedurally unfair, in that the (school) did not carry out a reasonable investigation into the allegations against Carol, and that the disciplinary and appeal hearings were not fair hearings.'

Unison said the tribunal panel would consider whether Mrs Hill should be compensated and reinstated at a hearing in Bury St Edmunds on February 2.

General secretary Dave Prentis 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.'

Mrs Hill added: 'The remedies hearing will be the last step in a very long and hard journey.'

Source: ' Daily Mail '

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