As we have maintained from the start and so does Mr Mitchell. He was protecting the children and staff but not just for Covid-19.
He was also trying to protect the children from an abusive teacher who used derogatory language against pupils and parents along with bullying and aggressive behaviour towards the pupils.
Mr Mitchell was also ensuring the safety of Year 7 pupils who were being left unattended at break and lunch, on a 1st floor balcony area where they had been seen leaning over by other staff.
The judge has said:
“I consider that the claimant (Mr Mitchell) will be likely to be able to show that the information he provided, in at least one of the various documents relied upon, tended to show in his reasonable belief that the health and safety of pupils and teachers may be adversely affected if the Covid-19 pandemic was not managed appropriately and proper ventilation was in place“
“It is clear that these were not disclosures which were being made by the claimant in his personal interest“
“I consider it likely that the claimant will persuade a tribunal that he had a genuine and reasonable belief that the information he was giving was in the public interest, given that he was discussing the Covid-19 procedures adopted by a school“
The school said:
“That you have on multiple occasions over an extended period of time conducted yourself in a way which is considered unreasonable and unacceptable and has resulted in a negative impact on staff. This behaviour falls far short of the reasonable expectations of the school as your employer”
This (the staff) was Miss Phillips, Miss Chaddock (now Mrs Goldspink) and Mrs Davies (now left THS) who became Mr Mitchell’s Union Reps after Mr Mitchell left the Rep role. They gave Union emails to the Head Carol Dallas which were about H&S issues and accused Mr Mitchell of harassing and intimidating them over just three emails.
The Head Carol Dallas accused him of ‘bombarding’ her because he was reporting H&S concerns including those of Year 7 pupils being left unattended on the balcony area. This amounted to an average of two to three emails a week reporting H&S concerns which was part of Mr Mitchell’s H&S role.
The judge states:
“None of the witnesses gave oral evidence on oath and none were tested by the other party in relation to their evidence. Matters should be properly tested in a full hearing“
This means that those people that have accused Mr Mitchell of these allegations will now be cross examined on oath.
Since 2018 it was well known that Mr Mitchell had been challenging the school leadership over a serious decline in behaviour (which included a riot), drugs, and racism in the school.
He was even accused by the Head Carol Dallas of ‘bringing the school into disrepute’ when he was trying to protect many pupils from getting caught up with drug dealing in the Taverham community. Mr Mitchell was proactive and instrumental in stopping this as he knew his pupils were being used to sell drugs in the area.
Mr Mitchell has always made it clear that none of these things were the fault of the pupils but were the fault of a leadership team that costs the taxpayer £743,469 per year and a Governing Board that would just sweep the problems under the carpet and not hold the Headteacher to account.
We would like to thank all the pupils, ex-pupils and parents along with all community members that have supported Mr Mitchell so far. The full Tribunal will be heard early next year where the whole truth will be told so the pupils and parents know.
For anyone that tries to fuel and spread unfounded and unsubstantiated rumors and allegations, this will be dealt with through legal proceedings. Please be careful what you post on social media or say to people.