Caretaker Awarded £32,000 After Discriminatory Reference Over Safety Concerns

In a striking ruling, a school caretaker has been awarded £32,000 after his employer provided a negative reference, allegedly due to his concerns over health and safety and interactions with female staff. Mark Steward, who began his role at Langford Village Community Primary School in Bicester, Oxfordshire, in July 2023, faced backlash after raising alarms about fire drill procedures and other safety issues.

Steward's troubles began just a week into his new position when he circulated an unapproved Fire & Evacuation Procedure. The headteacher, Sarah Tomlin, described him as a 'loose cannon' who was 'unwilling to take instruction from women.' This characterization led to a damaging reference that ultimately caused another school to withdraw a job offer.

At the Reading Employment Tribunal, Judge Laurie Anstis evaluated the circumstances surrounding Steward's dismissal and the negative reference. The tribunal concluded that Steward's health and safety disclosures were protected under whistleblower laws, and the negative feedback he received was a direct result of these disclosures.

During his short tenure at Langford Village, Steward had previously worked for six years in a similar capacity at another school. He made several recommendations before starting his role, and his initial efforts were even praised by Tomlin, who later claimed to have received his safety plan positively.

However, the dynamics shifted when Tomlin accused him of badgering and harassing her, suggesting that he struggled to accept guidance from female colleagues. Despite her claims, the tribunal found little substantiation for her view, describing it as a misleading partial truth. The judge noted that Tomlin had not taken significant action against Steward during his employment, which contradicted her later assertions.

Steward's legal battle stemmed from the damaging reference provided by Tomlin. In her assessment of his job performance, she marked him down in several categories, including his ability to establish good working relationships with colleagues, which she strongly disagreed with. The tribunal remarked on the unprecedented nature of such a negative reference in their professional experience.

After the withdrawal of the job offer due to Tomlin's reference, Steward was placed on garden leave as the school sought to mitigate what they termed 'malicious behavior.' Nevertheless, he managed to secure a new position in January 2024, although Tomlin repeated her negative assessment. This time, however, the new school did not retract their offer.

Ultimately, the tribunal ruled in favor of Steward, emphasizing that the negative references were a direct consequence of his whistleblowing. The judge stated, 'If things had been that bad, [Tomlin] would have taken substantial action against [Steward] at the time.' This conclusion highlights the ongoing challenges surrounding workplace dynamics, particularly regarding gender and the treatment of those who raise safety concerns.

Source: www.independent.co.uk