Thatcham mum Kirsty Cush sues £45,300-a-year Bradfield College for unfair dismissal

A CLEANER has claimed a prestigious boarding school discriminated against her because of her mental health.

The single mother from Thatcham is suing Bradfield College, Bradfield, where annual boarding fees are £45,300.

Kirsty Cush, aged 35, of Halifax Place, is suing for unfair dismissal, disability discrimination and for money owing to her under Wages Act legislation.

The college is contesting her claim.

Ms Cush told an employment tribunal in Reading that she was discriminated against because she suffered post traumatic stress disorder (PTSD) and was signed off sick by her GP.

The tribunal was told that Ms Cush was employed by the college between January 2019 and April 2022.

Ms Cush said that another member of staff, Michelle Jury, was working in the same department in the same role.

Ms Jury was also absent for an extended period, due to a physical illness – but she "was not subjected to the same treatment" as Ms Cush, she alleges.

In her witness statement, Ms Cush stated that Ms Jury had been in regular contact with their line manager, Alison Ruttle.

She told the tribunal: "Ms Jury was off sick from work at the time and casually mentioned in conversation that after taking her children to school she had to return a call to Ms Ruttle.

“It was clear from our conversation that our line manager was in regular contact with Ms Jury.

"I was shocked to learn this as I had not spoken to Ms Ruttle for a good while and I expressed my confusion to my friends and colleagues.

“My colleagues were also shocked by the contrast of treatment."

In her witness statement, Ms Cush added: "I felt let down by my line manager and the lack of communication wasn't making it easier to return to work.

"Ms Jury appeared to be receiving regular phone calls and I did not."

The panel heard that in 2021, Ms Cush suffered a traumatic event which, she said, changed her life dramatically.

Her statement added: "I was living in fear, unable to leave the house on my own and experiencing panic attacks.

She was declared unfit to work by her GP on September 3, 2021.

The tribunal heard that, in February, 2022, Ms Cush raised a formal grievance with college chief operating officer Owen Adams regarding an alleged lack of support from her line manager, Ms Ruttle; her treatment by head of human resources Kay Toms and an underpayment of £500.

Ms Cush was summoned to a meeting in March, 2022 with Ms Ruttle and college estates director Anthony Hough.

She said that, despite being previously named as a "long-term absence review" meeting, this changed to a "third and final performance review" in a subsequent email.

On March 16, 2022, Ms Cush was informed by Ms Toms that she was to be dismissed on the grounds of capability due to ill-health, with a notice period of four weeks on full pay.

Melanie Shaw, who was representing Bradfield College, said: "It was entirely reasonable to dismiss you at that point."

Ms Shaw said that Ms Cush had not been "proactive" with her contact with individuals at the college.

The hearing was adjourned for a reserved written judgement, which is expected to be announced within weeks.