St Andrew's Catholic Primary School v Blundell

Facts

Mrs Gemma Blundell was employed at St Andrew's Catholic Primary School from 1992 until her dismissal with effect from 21 June 2007, when she was 41. Relations with the head teacher, Mrs Assid, deteriorated after she announced in June 2003 her intention to take maternity leave and refused to accept floating duties. In May 2005 she brought a first Employment Tribunal claim alleging sex discrimination and victimisation, which was dismissed; she succeeded on a minor point before the Employment Appeal Tribunal, which otherwise upheld the finding that the head teacher had not acted inappropriately. She was later dismissed and brought a second claim for unfair dismissal and victimisation. The Tribunal rejected most of her allegations, including those of bullying and harassment, but found certain acts of victimisation, holding that the head's assessment of her abilities was unjust and deliberately fault finding because she had appealed, and that the real reason for dismissal was that she had taken legal proceedings. At a remedy hearing over four days the Tribunal awarded almost £300,000 for the victimisation. The school appealed to the EAT and succeeded in part, obtaining a reduction in the injury to feelings award. It pursued to the Court of Appeal two grounds on which it had failed, and sought to add a fresh evidence ground.