11 - The Word Is ‘Offensive’ — Except When We Use It: Inside Bury College’s Disciplinary Hypocrisy
During a recent employment tribunal, Bury College insisted that the term “retard” was offensive, unacceptable, and grounds for dismissal. But the hearing revealed a striking contradiction: the same word was used repeatedly by College staff, including senior managers, during meetings, correspondence, and even in witness statements, without consequence.
The
teacher at the centre of the case was dismissed for allegedly repeating the
word in a classroom setting. College witnesses described the word as
“humiliating,” “derogatory,” and “contrary to College policy,” citing its
violation of safeguarding obligations and the Code of Conduct.
However,
the word “retard” appeared numerous times in documents prepared by the
College itself, including disciplinary letters, tribunal submissions, and even
witness statements. One such document, issued to formally invite the Claimant
to a disciplinary hearing, used the word explicitly.
What’s
more, during the disciplinary process, multiple College
staff repeated the word to the Claimant without quotation marks or context disclaimers. Yet none of these uses were
treated as problematic.
The
contradiction became even more glaring when Sarah Walton, the College’s
Designated Safeguarding Lead, admitted under cross-examination that she
repeated the word directly to a vulnerable student. She accepted it could
cause harm and yet, no action was taken against her.
The Claimant’s
representative says that this selective standard reflects institutional
hypocrisy: “If the College truly believes the word is offensive and
unacceptable, then no one, including the DSL and senior
managers, should be using it. Either the standard applies to everyone, or it’s
not a real standard.”
The
College’s justification? Context. They argued that their staff were using the
word for investigative purposes, or in reference to the allegation. But
critics say that’s not good enough. “If context matters,” one observer noted,
“then it also matters for the Claimant, who was repeating what a student had
said.”
The
Tribunal must consider whether the College’s position was consistent, or whether it selectively enforced its language standards in order to justify a
dismissal it had already decided upon.
Even the
College’s solicitor appeared to blur the distinction, at one point stating that
“using the word” and “calling someone the word” was “splitting hairs” despite
College witnesses earlier acknowledging the difference between the two.
Ultimately,
this issue isn’t just about one word, it’s about whether rules are applied
evenly or weaponised selectively. When institutions fail to live by the
standards they enforce, trust and fairness are the first casualties.
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