A schoolteacher who suffered from Asperger’s syndrome was unfairly dismissed and discriminated against by Perth and Kinross Council because of his disability, an employment tribunal has ruled.
The local authority has, however, asked for more time to apply for a review of the 87-page judgment in the case of Dunblane man John Fotheringham.
Mr Fotheringham’s hearing took place over 14 days in Dundee and the tribunal, chaired by judge Ian McFatridge, has now published its full findings.
The Dunblane man changed career after working in financial services and taught design, engineering and technology, and business education, holding posts at Perth Academy, Loch Leven Community Campus and St John’s Academy.
Evidence was heard that he had interpersonal difficulties with pupils, staff and management at Perth Academy, and that he suffered stress and depression, which led to his absence.
There were complaints about him adopting a rigid, rules-based attitude where other teachers might have shown more flexibility. He believed he was taking appropriate steps to deal with poor behaviour and that other teachers were not following the rules.
He found it stressful to be the subject of complaints when he felt he was in the right.
At the time he went off, he was to be investigated about his professional performance. He returned, but the problems continued and the council placed him under medical suspension.
It was felt that he was struggling to keep the attention of pupils and he preferred to spend his out-of-class time on his own and not with colleagues. Other teachers also reported stress-related absence tied to their relationships with Mr Fotheringham.
After a year’s medical suspension he was transferred to Loch Leven campus but more issues arose with his teaching and he was diagnosed with Asperger’s, a condition in the autism spectrum that affects social interaction.
Mr Fotheringham became surplus to requirements in school and the situation escalated until his contract was ended.
The tribunal ruled that he had been dismissed because a view was taken that he was not capable of carrying out a teacher’s role to the standard required.
This had come about because of stereotypical thinking after it had been found out that he had Asperger’s, and this was discrimination.
The council had not made reasonable adjustments to allow Mr Fotheringham to meet the standard required for a teacher, the judgment said, and denied him the chance to seek a redeployed post after deciding to terminate his contract as a teacher.
Another failing had been that Mr Fotheringham’s request to be accompanied by a solicitor at a disciplinary hearing was refused on the grounds that it was taking place under the health and attendance, and not the competence, policy.
It was clear, however, that competence was one of the matters to be considered and the council’s policy allows solicitor attendance in such cases.
The judge requested submissions in writing about the remedy.