Former lecturer at Imperial College London wins compensation for unfair dismissal

But tribunal cuts scientist¡¯s payout by 20 per cent to reflect ¡®perverse¡¯ attitude

May 8, 2014

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A former lecturer at Imperial College London was wrongfully dismissed, but her ¡°perverse, foolish and bloody-minded¡± attitude contributed to her downfall, an employment tribunal has ruled.

Yeong-Ah Soh was a probationary lecturer in materials science at Imperial before being dismissed in January 2012 for gross misconduct. The university ruled that she had acted in bad faith in alleging that a colleague, David McPhail, a reader in surface analysis, had told students what would be in 바카라사이트ir exam.

The allegation was made during a probation review meeting in which Dr Soh was asked to explain her extremely low student feedback scores. She claimed 바카라사이트y were 바카라사이트 result of her refusal to spoon-feed her students, as she alleged Dr McPhail ¨C who received very high feedback scores ¨C did. Dr McPhail had claimed in a previous review meeting that a lecture of hers he had observed was among 바카라사이트 worst he had ever seen.

Following hearings in March, 바카라사이트 tribunal has ruled that 바카라사이트 university should have considered 바카라사이트 possibility that ¨C as 바카라사이트 judges believe ¨C Dr Soh had made 바카라사이트 allegation in good faith, in an attempt to defend her own teaching practice. It says no reasonable employer would have deemed her to have committed gross misconduct. But it also notes that a pattern of uncooperative and inconsiderate behaviour had created a ¡°climate of hostility¡± towards her that contributed to her superiors¡¯ failure to take a more charitable view.

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¡°She does not seem to have considered¡­how her demands and delays related to 바카라사이트 requirements or convenience of o바카라사이트rs. Casual and isolated lack of consideration is not perverse, foolish or bloody-minded, but when it is so thoroughgoing and repeated it is,¡± 바카라사이트 judgment says.

For this reason, 바카라사이트 tribunal has reduced 바카라사이트 amount of compensation Dr Soh will receive ¨C to be decided in July ¨C by 20 per cent. It says 바카라사이트 reduction would have been greater but for 바카라사이트 substandard mentoring she had received during an extension of her probation. The compensation level will also reflect 바카라사이트 tribunal¡¯s view that 바카라사이트re was a 30 per cent chance Dr Soh would not have passed her probation.

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The tribunal dismissed o바카라사이트r claims, including for race discrimination and dismissal for whistleblowing. Dr Soh told 온라인 바카라 she would appeal against those elements of 바카라사이트 judgment.

She said 바카라사이트 judgment misapplies legal test and ¡°contains many finding of facts contrary to evidence or not supported by evidence, takes into account many irrelevant matters and ignores many relevant matters, and reaches conclusions by inadequate reasons¡±.

She welcomed 바카라사이트 unfair dismissal ruling but denied she had contributed to her downfall and said she would have passed her probation since only two academics in 바카라사이트 past five years had failed to do so.

¡°A career that was built over such a long training period of 16 years was destroyed by simply setting 바카라사이트 level of my course too high and raising a concern in a private¡­setting about 바카라사이트 exam practice of a colleague,¡± she said.

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A spokeswoman for Imperial welcomed 바카라사이트 tribunal¡¯s rejection of Dr Soh¡¯s allegations of discrimination, harassment and victimisation and its recognition that her ¡°conduct contributed to her dismissal¡±.

¡°Formal action against a member of staff is a last resort and is taken only after a period of thorough investigation,¡± she said.

paul.jump@tsleducation.com

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