Durand ‘sacked senior leader after his row with the head’

Under-fire academy trust is accused of breaking the law in its dismissal of head of boarding
30th September 2016, 12:00am
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Durand ‘sacked senior leader after his row with the head’

https://www.tes.com/magazine/archived/durand-sacked-senior-leader-after-his-row-head

A high-profile academy trust allegedly sacked a senior leader, in breach of employment law, following his disagreements with the organisation over its approach to a string of government demands, according to documents seen by TES.

The allegation is the latest controversy to hit Durand Academy Trust, which could have its public funding withdrawn.

The trust was founded by the former head of its primary school, Sir Greg Martin, who was found to have earned nearly £400,000 in a single year, partly through a leisure centre he ran on the school site.

The south London-based trust runs a free boarding school in West Sussex and - as TES revealed last week - has recruited a new head of boarding who is subject to a professional conduct case.

It has now emerged that Durand’s former head of boarding, Hakim Taylor, claims he was dismissed from his role without proper process and after previous satisfaction with his performance.

It is alleged that the dismissal was at least in part caused by Mr Taylor’s disagreement with Durand’s acting executive headteacher Mark McLaughlin’s “belligerent” tone in the trust’s dispute with the Department for Education’s Education Funding Agency (EFA).

In July, the EFA set out a list of changes it wanted the trust to make in order to avoid potential conflicts of interest, and said funding could be withdrawn if these were not carried out. The trust has refused to comply (see box, below), and has said it is prepared to challenge the EFA in court.

In the meantime, Mr Taylor’s solicitor has written to Mr McLaughlin and the Durand governing body, making allegations.

‘Praise for his performance’

The letters state that on 26 May, the chair of governors wrote to Mr Taylor, praising his performance, commitment and conduct for the school year 2015-16, and offering to extend his contractual position of senior deputy head and head of boarding - along with a pay rise. Mr Taylor confirmed the extension in writing on 6 July, but “within days” Mr McLaughlin had written to him again, criticising his performance, the letters state.

He was also advised that he would be demoted, involving a £35,000 pay cut, according to one of the solicitor’s letters.

It says: “It is inexplicable why within days of there being in existence the agreement extending our client’s position and on more favourable terms, you considered it appropriate and necessary to castigate his performance.”

It is understood that Mr Taylor threatened that, if he was demoted, he would sue the trust for unfair dismissal and he also advised the trust that he reserved the right to make a public disclosure to the academy’s regulators regarding the conduct of Mr McLaughlin. Mr Taylor was then sacked, the letters claim.

The correspondence suggests that one reason for the alleged sudden change in approach to Mr Taylor was the fact that he had disagreed with Mr McLaughlin over how to respond to the EFA.

A letter sent by Mr Taylor’s lawyers after his dismissal states that: “Our client [was] clearly at odds with the executive head on how the academy should respond to the EFA’s letter.”

It adds: “Our client sought to be more cooperative with the demands made by the EFA in their letter of the 4 July 2016 than the executive head.”

Email correspondence sent by Mr McLaughlin regarding the EFA was “belligerent” in its tone, the letter says, concluding that: “It is clear that one of the reasons why our client was dismissed and the manner of his dismissal was linked to matters concerning the EFA’s letter and the stance he sought to take.”

Mr Taylor will be highlighting the “context of his dismissal” to the EFA and education secretary, Justine Greening, the letters state.

Mr McLaughlin and Durand Academy Trust have declined to comment. TES understands from the letters sent by Mr Taylor’s solicitors that, in addition to performance concerns, allegations may also have been made that Mr Taylor lost the confidence of his management team and bullied and harassed another individual. Both allegations have been denied by Mr Taylor.

Controversy at the trust

The boarding school, in Midhurst, West Sussex, has faced planning battles, a race row and doubts over its financial viability.

Mr Taylor’s replacement is educational consultant Grant Taylor, who is no relation. Grant Taylor’s professional conduct case is related to his role at another boarding school, Stanbridge Earls in Hampshire. The private school for children with special educational needs closed in 2014 amid allegations of sexual bullying and rape perpetrated by pupils.

TES understands that Grant Taylor was not subject to any criminal allegations himself.

In 2014, Durand Academy Trust was told by the National Audit Office to strengthen its governance and take steps to prevent conflicts of interest, and last year it was given a “financial notice to improve”. A Charity Commission inquiry launched in February 2015 into potential conflicts of interest at Durand Education Trust, which owns land used by the academy, is ongoing.

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