Colne headteacher’s unfair dismissal claim rejected

A SACKED Colne headteacher, who brought his former employer to court, has had his claim for unfair dismissal rejected by a tribunal.

The hearing, in Manchester, spanned several months, but ultimately ruled the procedure, which led to Peter Cunningham’s dismissal from Sacred Heart RC School in 2008, was lawful.

The panel ruled those responsible for Mr Cunningham’s suspension had been justified in their beliefs his actions amounted to gross misconduct.

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But they acknowledged that although he had been had lawfully been dismissed from the school, there was a breach of procedure in relation to his suspension.

The decision to suspend Mr Cunningham was made n January 3rd 2008, but his actual suspension took place days later, on January 16th, when he did not have a representative present.

Employment judge Mrs C. Porter said: “The claimant was understandably upset by the manner of the suspension. It was clear that by this stage the forthcoming investigation had not been invoked by HMRC. The reference to possible criminal proceedings was upsetting and unnecessary. However, the decision to suspend was a reasonable act and the manner of suspension does not suggest an ulterior motive.”

She added although there were some discrepancies in the disciplinary and appeal procedure, these errors did not affect Mr Cunningham’s right to a fair hearing.

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The reasons for Mr Cunningham’s dismissal were twofold, namely he mismanaged finances at Sacred Heart School and behaved inappropriately towards a parent.

The panel concluded Mr Cunningham was right to be dismissed on financial grounds, affirming the allegations against him. These include setting up unsafe financial systems at Sacred Heart School and failing to ensure monies relating to the school and an after-school club, Club 2000, were openly managed. Claims he misused funding, personally benefiting from £5,811 were also upheld, as was that he failed to uphold guidance relating to VAT.

The panel also found Mr Cunningham guilty of making large cash payments to builders, for work taking place at the school, and arranging for goods paid for by the school to be delivered to his home.

Mrs Porter said: “Viewed overall, we find the claimant was guilty of serious dishonesty, he arranged the finances of the school and club for his own personal benefit, he was responsible for the falsification of accounts, the false reclaiming of VAT, the avoidance of payment of VAT by the club. His actions, when viewed overall, did bring the school into disrepute. The claimant was guilty of gross misconduct justifying summary dismissal.”

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The panel also found Mr Cunningham had “acted in an unprofessional and totally unacceptable manner” in his dealings with a parent of the school. The hearing heard Mr Cunningham reported a parent to police on the basis of misinformation.

After suffering a miscarriage very early in pregnancy, Mr Cunningham wrongly told police the parent had been seen burying a “stillborn” baby in her garden.

Mrs Porter said: “The claimant must have known that telling the police a stillborn child had been buried in the garden was a wholly different proposition to telling the police a miscarried foetus had been buried in the garden. We find the claimant did know the difference and did act in a malicious manner.”

The panel ruled Mr Cunningham had been fairly dismissed from the school. They also rejected his claim his employer had been in breach of contract.

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Commenting on the decision, current headteacher at Sacred Heart School Mr John Robertshaw said: “The tribunal’s judgement fully vindicates staff and governers at the school and officers from the local authority. I welcome their decision and am delighted we can put this matter behind us.”

Last month, the General Teaching Council for England found Mr Cunningham guilty of financial mismanagement but said he could return to the classroom. The GTC put Mr Cunningham’s actions down to “negligence” and said he had not acted “dishonestly, deliberately or intentionally”.

Following the decision of the employment tribunal, Mr Cunningham said: “As confirmed by the General Teaching Council for England, I had not done anything dishonest, deliberate or intentional in any of these matters. I had always tried to provide an environment that was exemplary for the children I have taught. I have been approached over the last week by former governors, governors at the time of the hearing, the parish priest, parishioners, staff and parents of the school. They have all given me their continued support and offered me their good wishes for the future.

“The GTCE confirmed I could now teach again and that is my intention.”

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