Sacked head of special school wins £62,680 compensation

FIONA DAVIDSON

THE former head of a residential school for "damaged and vulnerable" young people has won £62,680 compensation in an unfair dismissal case.

Jim Hunter, 56, was sacked from his £40,000-a-year post at Kerelaw School, Ayrshire, which has since closed. He is the second senior member of staff to win a an employment tribunal case.

Mr Hunter said yesterday: "I am naturally pleased with the decision I look forward to the report of the independent inquiry on Kerelaw to provide insight into what really happened."

Earlier this year, another Glasgow tribunal ruled that Chris Johnson, 54, from Portencross, Ayrshire, former deputy head of the school attached to the secure unit at Kerelaw, was unfairly dismissed as Glasgow City Council had not investigated gross misconduct allegations sufficiently.

The tribunal heard Mr Johnson's dismissal had related to alleged management failings and there was no suggestion he had taken part in any alleged abuses of young people in his care. His case has been continued for a decision on compensation.

Mr Hunter, of Dreghorn, Ayrshire, who was in charge of both the secure and open units at the school for vulnerable youngsters, was dismissed after claims that youngsters were "turned upside down, held by five members of staff and dumped in a cell".

He was accused of gross misconduct by failing to protect young people from inappropriate practices by staff and failing to ensure adequate scrutiny in violent incident reporting.

The tribunal heard there was no evidence Mr Hunter had engaged in or witnessed the inappropriate restraint of young people

After an 11-day tribunal hearing, employment judge Laura Doherty concluded that his dismissal by Glasgow City Council on the grounds of gross misconduct for neglect of duty resulting in serious consequences was unfair because the council had no grounds on which it could reasonably conclude Mr Hunter's action had resulted in serious consequences.

Further, Mr Hunter's dismissal was automatically unfair as there was an unreasonable delay in conducting his appeal which spanned seven days between 2 December, 2005, and 31 August, 2006.

The tribunal also concluded reinstatement was not appropriate as the post no longer existed, and that it would be unjust to order re-engagement because of contributory conduct on Mr Hunter's part. He had failed to ensure that health and safety regulations were complied with.

The tribunal heard that two years ago, after Mr Hunter's dismissal, two men, Matthew George and John Muldoon, were found guilty of physically and sexually abusing children in their care at Kerelaw before Glasgow City Council took responsibility for the school and before Mr Hunter's arrival. None of the offences of which they were convicted occurred while Mr Hunter was head of establishment