Legal fight over teacher payout

Erica Connor suffered from stress after being accused of Islamophobia

A head teacher awarded £400,000 damages after she left her job amid accusations of racism should not have received the payout, the Appeal Court has been told.

Erica Connor, 57, who left New Monument Primary School in Woking suffering from stress, was awarded the money in March.

A High Court judge said her employer Surrey County Council (SCC) failed in its duty of care and did not intervene when governors created problems.

But SCC claimed on Tuesday it was not liable and did not act negligently.

Edward Faulks QC, representing the council, told Court of Appeal judges that the school had an 80 to 85% Muslim intake.

He said problems began in 2003 when two Muslim school governors - convert Paul Martin and Mumtaz Saleem - claimed staff members had made anti-Muslim comments, prompting an investigation by Mrs Connor.

The head teacher spoke to school staff who denied the claims, which she said had left them demoralised.

'Defamatory petition'

An official review found no evidence of deliberate racism or religious bias, but said the governing body was dysfunctional.

Mr Faulks referred to the High Court hearing, which was told the two governors had an agenda to increase the role of the Muslim religion in the school.

Mr Martin tried to stir up disaffection, and Mr Saleem was verbally abusive in meetings, he added.

The situation, combined with SCC's failure to protect the head teacher, left Mrs Connor with serious depression.

Mr Faulks said Mr Martin was removed from the board of governors in 2005 but made a complaint about institutional racism, which was followed by a "defamatory and offensive" petition calling for the head teacher's removal.

Pressure on councils

Appeal judges heard that Mrs Connor left her job later that year suffering from depression and symptoms of post-traumatic stress disorder, her ill health forcing her to take early retirement.

Mr Faulks said the central allegation had been that Mrs Connor should have been protected from disputes and complaints.

But he said the High Court judge was wrong to find the council had acted negligently.

He said if the judge was right, councils would feel greater pressure to disband governing bodies if head teachers made complaints.

The case was adjourned until Wednesday.