In the case of Ms C Burton-York v Diocese of Westminster Academy Trust a black teacher who was racially discriminated against has won £460,000 after she was shunned in her senior role and a white “less qualified” colleague took on her top job instead.
Catherine Burton-York, who had worked at Douay Martyrs Catholic Secondary School for over a decade, was forced to “relinquish” her role as Former Head of Year following a “restructure” to the school in May 2016.
Anthony Cornish, who is headteacher at the school, based in Ickenham, London, was behind the decision to make her and four other heads undergo a rigorous selection process to cement their jobs all over again, a tribunal heard.
Mrs Burton-York, who is of Caribbean heritage, was the only staff member that failed the process and was replaced by a “less experienced and less qualified” white colleague despite being known as an “excellent” and “outstanding” teacher by her peers.
It was later revealed in an employment tribunal that “calculated” tactics had been done by the school in order to tarnish their relationship with Mrs Burton-York and sever her position. She subsequently resigned.
Mrs Burton-York went on to sue Douay Martyrs for their role in discriminating against her because of her race and for unfair dismissal from her much-loved job.
It was unearthed that the selection process for the job was rigged by answers that were weighted differently for different applicants, there weren’t enough notes for meetings as well as failure to specify what results would lead to a pass or fail.
By March 2017, Mrs Burton-York had learned that she had failed the process and would not take on the head of year job – despite two posts still remaining unfilled.
Instead, two white staff members who were “less experienced and less qualified” in comparison to Burton-York were given the positions as Heads of Year.
A tribunal report said: “She was not given any written feedback about what had led to her being unsuccessful.
“She was not given the opportunity to work on whatever areas of weakness had been perceived and to reapply again for the two remaining vacant heads of year post. ‘She was not told she could appeal.”
Employment Judge Patrick Quill said she backed the claims against Diocese of Westminster Academy Trust, which runs the school and said they could not prove it didn’t discriminate against Mrs Burton-York because she was black.
Judge Quill said: “She was treated less favourably than other Heads of Year, who are of a different race than her.
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