34 - Double Standards in Policy: Why Bury College’s Defence Doesn’t Add Up
After losing at tribunal for procedural unfairness, Bury College has attempted to defend its decision to dismiss a long-serving maths lecturer. A spokesperson told the press:
“Bury College is an inclusive College and has no room for
discrimination of any kind. Whilst we are disappointed that process errors
deemed the dismissal unfair, the College is confident the decision to dismiss
was correct.”
But this selective framing leaves out a crucial element of
the judgment: the College itself broke multiple policies and procedures
throughout the process.
A Double Standard
The College treated the lecturer’s single use of the word, repeated
back to a student who had used it first, as so severe that dismissal was the
only option. Yet the tribunal record shows that the College itself:
* Ignored its own Complaints Policy, fast-tracking a
mother’s complaint to Stage 2 when it should have started at Stage 1.
* Ignored the Low Level Concerns Policy, even after the LADO
(Local Authority Designated Officer) ruled that the harm threshold was not met.
* Breached its own Suspension Policy, keeping the lecturer
out of work without the mandatory reviews or consideration of alternatives.
* Relied on an unreasonable investigation, which included an
unsupervised phone call with a vulnerable student by the Designated
Safeguarding Lead.
If breaches of policy are sufficient to destroy trust and
confidence in an employee, as the College argued, then why do the College’s own
breaches of policy not carry the same weight?
The Role of the DSL
This inconsistency is especially troubling when it comes to
Sarah Walton, the College’s Designated Safeguarding Lead. Walton admitted at
tribunal that during her investigation she repeated the very same word,
“retard,” to the very same student, and did so despite acknowledging she knew
it could cause harm.
Unlike the lecturer, who repeated the word in the moment
without forethought, Walton had time to consider her role, her words, and her
safeguarding duty. Her duty was to protect students all the time, not just when
it suited the College’s case. Yet she was never investigated, never
disciplined, and never held accountable for conduct that mirrored, and arguably
exceeded the lecturer’s.
Ignoring the LADO
Even more concerning, Walton disregarded the findings of the
Local Authority Designated Officer. The LADO concluded the harm threshold was
not met, which should have triggered the College’s low-level concerns
procedure. Instead, Walton claimed it was the College, not the LADO, who
decided whether the threshold was met, effectively overriding the statutory
safeguard designed to ensure fairness and proportionality.
Conclusion
Bury College insists it has “no room for discrimination of
any kind.” Yet it appears to have ample room for double standards: one rule for
the lecturer, another for itself.
If policies matter, they must apply equally. If safeguarding
matters, it must be consistent. If trust and confidence can be lost through a
single breach, then the same principle must apply to those at the top. Anything
less undermines both fairness and the credibility of the institution itself.
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