An acclaimed conductor who was sacked from his teaching post at National Opera Studio has won a case of unfair dismissal against his former employer.
Mark Shanahan, who was head of music at the National Opera Studio, which trains around 12 singers each academic year and works with opera companies, including English National Opera and the Royal Opera House, was dismissed from the role in September 2021 after more than a decade in post amid allegations of bullying.
A written judgment issued by Employment Judge Reed, published yesterday (16 October), said the complaint of unfair dismissal was well-founded.
But Shanahan’s complaints of age discrimination were dismissed.
Behaviour concerns
A tribunal hearing held last year heard that, during February and March 2021, concerns about Shanahan’s behaviour were raised with chief executive Emily Gottlieb by several young artists, coaches, staff members and external colleagues, and a formal complaint was made.
According to tribunal documents Gottlieb formed the view that those complaints “formed a pattern of behaviour and that the nature of the behaviour was that it was intimidating, bullying and possibly discriminatory”.
During a meeting in March 2021 between Shanahan and Gottlieb, who has since left the organisation, Shanahan was told that one option was to “talk about an exit with a monetary package and an agreed set of words” or another was to “become an external advisor or consultant”.
Shanahan was subsequently suspended and an investigation was launched in March 2021. An “offer” was made to him by National Opera Studio in May 2021, but four months later, on 3 September 2021, he was dismissed.
Despite ruling in Shanahan’s favour, Judge Reed said that he had displayed “blameworthy conduct” during his employment.
He said that if Shanahan that had remained in employment, there was a 40% chance that he would have been fairly dismissed in any event.
“The claimant contributed to the dismissal by blameworthy conduct and it is
just and equitable to reduce the compensatory award by 15%,” Judge Reed said.