Menopausal Teacher Wins £60,000 for Unfair Dismissal

In a significant employment tribunal ruling, Allison Shearer, a dedicated teacher working with pupils with additional needs, has been awarded over £60,000 after her unfair dismissal by South Lanarkshire Council. Shearer's case centered around her deteriorating health due to menopause symptoms, exacerbated by a dispute over her relocation to a different school base.

Background of the Case

Allison Shearer, formerly based at the Clydesdale Support Base in Carluke, was informed of her transfer to Kear School in Blantyre. Shearer expressed grave concerns about moving to a school notorious for its high levels of violence. She feared that such an environment would worsen her blood pressure and menopause symptoms, which she managed with prescribed medication.

Ignored Health Concerns

Despite voicing her health concerns to Head Teacher Neil Govan, who oversees both schools within the Kear Campus group, Shearer's fears were dismissed. The court heard that Shearer was anxious about the move, fearing the school's violent environment and ineffective management, which she believed would exacerbate her health issues.

The Tribunal’s Findings

The tribunal criticized Mr. Govan's dismissive response to an occupational health report regarding Shearer's situation. The report detailed Shearer's "regular nightmares and disrupted sleep," highlighting her severe anxiety over the proposed move. The tribunal found no evidence that the move was a "punishment beating" for Shearer's objection to a policy allowing a pupil with asthma to vape in every class, a policy Govan claimed was part of the staff's duty of care.

Unreasonable Employer Actions

Shearer was ultimately dismissed while on sick leave after refusing an ultimatum to either move to a permanent supply teaching role or to a school for pupils with severe disabilities, a role she felt unqualified for. The tribunal concluded that "no reasonable employer would have insisted" on Shearer's move to Kear School, given the detrimental impact on her health.

Compensation and Future Prospects

The tribunal awarded Ms. Shearer £61,074.55 for unfair dismissal, loss of earnings, and compensation for injury to feelings. The court acknowledged Shearer's talents and experience as an English teacher and expressed confidence that she would secure another teaching position near her home in East Renfrewshire.

The Impact on Kear Campus

Kear Campus, South Lanarkshire Council’s group of schools for pupils with additional social, emotional, and behavioural needs, provides full and part-time education across several bases. The court heard that Kear School in Blantyre, known for its high levels of distressed behaviour, had a small but volatile student body. The judge's ruling highlighted the unreasonable expectations placed on Shearer, emphasizing the need for considerate and supportive employment practices, especially for employees with health concerns.