A TEACHER has won a case for unfair constructive dismissal against a Bournemouth school.
Helen White, 43, took Oakmead College of Technology in Kinson to an employment tribunal.
Having worked at the school as an English teacher since September 2000, she developed chronic back problems “out of the blue” in September 2009.
She said: “I have never experienced pain like it.
“I kept struggling into work but was collapsing by the Wednesday.
“I was taken to hospital by ambulance on several occasions and eventually diagnosed in February 2010 with three prolapsed discs, scoliosis and a degenerating spine.”
Helen, from Milford on Sea, returned to work but the tribunal heard that the school did not make provisions to help her, such as providing a special chair.
The school made her work a full timetable and did not later deal with her grievances.
In November 2010 she was called to a meeting to discuss her “continued unacceptable level of sickness”, the tribunal in Southampton was told.
Making its judgement, it decided that the dismissal was constructive – the “last straw” being the meeting to discuss Helen’s dismissal, which led to her resigning on the grounds that she had been treated unfairly because of her medical problems.
The tribunal also found that Helen was the subject of discrimination because of her disability.
Helen, now a supply teacher at Highcliffe School, said that the process had cost her £18,000 so far after the National Union of Teachers told her she did not have a case. A further hearing over compensation will take place in May.
“I would never want to go through this experience again. It’s been the most wearing, stressful experience of my life.
“The whole thing has been an absolute nightmare but when I got the judgement it was pure relief and joy because I felt justice had been done,” she added.
A spokesperson for Oakmead College said: “The college has only just received the judgement and therefore needs to fully consider the contents.
“Furthermore there is a second hearing before the tribunal scheduled for early May so it would be inappropriate and premature to comment at this stage.”
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