Council and school deny dinner lady won unfair dismissal case

A local authority and a primary school have disputed press reports that a dinner lady who was sacked after telling a couple that their child had been bullied at school has won her claim for unfair dismissal.

Carol Hill was suspended by the headteacher of Great Tey Primary School in July 2009 and then dismissed a month after. She had informed the parents that their seven-year-old daughter had been tied to a fence by a group of boys and hit with a skipping rope, and later told a local newspaper about the case.

Backed by Unison, Hill launched a legal action over her dismissal. The claim was rejected by the school.

Ms Hill and Unison claimed today that the Employment Tribunal in Bury St Edmunds had now ruled in her favour, finding that the dismissal was procedurally unfair and that the disciplinary and appeal hearings were not fair.

They said issues such as whether she should be given her old job back and the level of compensation payable would be decided at a two-day remedies hearing beginning on 2 February.

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".

However, in a joint statement Essex County Council and Great Tey Primary School said: "It is completely inaccurate to suggest that Mrs Hill has won her claim for unfair dismissal. Furthermore there has been no judgement on the fairness, or not, of the dismissal and the tribunal makes it clear there is need for further representation from both counsels to decide this point.

“On a number of critical points the Employment Tribunal ruling has found against Mrs Hill including that she was not acting in good faith when speaking to the press and did so for the purpose of personal gain….The Tribunal also ruled that disclosures were not protected under the Employment Rights Act therefore she was not acting as a whistleblower.”

An Essex County Council spokeswoman said the local authority and the school would now be considering “all the options” before making any further decisions or announcements.

She added that both had "acted with advice and guidance from the then Department of Childrens, Schools and Education throughout this case”.