
The tribunal found Mr Govan’s response to an occupational health report into Ms Shearer’s situation to be “a dismissive, intransigent and unhelpful”.
She was sacked while on sick leave after refusing an “ultimatum” which gave her four days notice to agree to moving to a permanent supply teaching role, or into a school for pupils with severe disabilities, which she felt she was unqualified for.
Ms Shearer had been based at the Clydesdale Secondary Support Base between 2015 and 2022, teaching English to Higher level, and maths and health and wellbeing to SQA National 5 level.
She was replaced by a primary supply teacher when she was removed from that post.
Kear Campus – South Lanarkshire Council’s group of schools for pupils with additional social, emotional and behaviour needs – provides full and part-time education across several bases in the county.
The court heard pupils at Kear School in Blantyre were those “most likely to exhibit distressed behaviour through violence, causing damage to property or attending under the influence of drugs, alcohol or other substances”.
It had more than 20 teachers and support staff and could take 60 full-time secondary students, but attendance was normally between six and 20 pupils, the court said.
The judge said that “no reasonable employer would have insisted” that Shearer teach at Kear, given the effect of that proposal on her health
In awarding Ms Shearer £61,074.55 for unfair dismissal, loss of earnings and compensation for injury to feelings, the court said she was a “talented, experienced and successful teacher of English” who would be able to find another job near her home in East Renfrewshire.
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