EXCLUSIVE: Performing arts school ‘institutionally racist’, report finds

A report into allegations that a lecturer at Liverpool Institute for Performing Arts (LIPA) was discriminated against by fellow staff has found the organisation to be "institutionally racist".

The findings of the report, which was completed two years ago, came to light during an employment tribunal hearing into whether claims made by the female academic could proceed to a full hearing.

The institute, which provides university level training across a range of courses including acting, theatre, dance, music and design is facing claims of discrimination on grounds of race and sex.

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A judgment notice summarising the hearing reveals that the woman, who describes herself as Black, was employed at the institute as a Visiting Lecturer from 9 September 2019 until 30 April 2021.

Her claim relates to ‘concerns and complaints’ which she raised from November 2019. She was placed on a Performance Enhancement Plan on 3 December 2020 and in turn, raised a grievance seven days later.

The grievance was investigated by a Partner at legal firm Hill Dickinson, named as Kerstie Skeaping, who completed a report and sent a copy to LIPA on 23 June 2021.

"In summary, Ms Skeaping found the respondent [LIPA] to be ‘institutionally racist’ and upheld many of the claimant’s grievance allegations, which included allegations that she had been discriminated against because of her race and sex," court documents state.

A grievance process was initiated between the claimant, who court documents show now goes by the name of Dr R Smith, and LIPA, but no agreement was reached.

As a result of the length of time the grievance process took, some of the claims made by the academic fell outside the statutory time limits for taking action via an employment tribunal.

'No guarantee of success'

But following extensive representations from each side's lawyers, Employment Judge Johnson ruled that the time limits could be extended.

"Ultimately, I have to consider the balance of prejudice to both parties, and I am left to conclude that to deprive the claimant of the right to have a hearing of the long-established allegations which Ms Skeaple found to be largely well founded would produce a greater unfairness to her, than to the respondent, who ultimately could have resolved the issues arising from the grievance in late 2021 and thereby avoided the proceedings being brought," Judge Johnson said.

"It is still the case that the claimant must prove her case in relation to allegations brought and which remain resisted by the respondent. There is no guarantee that she will succeed in proving these allegations at the final hearing and the respondent is still afforded a defence to the claims which are resisted."

The final hearing is due to take place over seven days in two parts – from Monday 3 April to Thursday 6 April with a further three days from Tuesday 2 May to Thursday 5 May.

The institute previously made the headlines in 2020 when Mark Featherstone-Witty, who co-founded the institution with Sir Paul McCartney in 1996, tweeted that "every life matters" in the wake of the killing of George Floyd.

Following a backlash from students he later admitted he was unaware the phrase had been used to "diminish the fight against racism".

"I am grateful to students, graduates and staff who have educated me," he said.

Since then, in July 2021, Sean McNamara was named Principal and Chief Executive of LIPA, taking over the role from Featherstone-Witty following his planned retirement.

New people strategy

LIPA said that, with support from its refreshed senior leadership team, has been implementing new people strategy. The work is being led by the organisation's Head of HR, Culture and Transformation who was appointed in summer 2022 and has extensive experience of delivering change programmes ranging from recruitment to culture.

Alongside the Head of Equality, Diversity and Inclusion (EDI) who joined LIPA in summer 2022, they are working closely with LIPA’s EDI Committee, which it said has also has benefited from a series of new appointments.

A spokesperson for LIPA said: “While we cannot comment on any individual details, we take our commitment to equality, diversity and inclusion extremely seriously.

“As has been identified, LIPA instructed an external, independent expert to fully investigate a range of allegations made by a former employee in 2020. Since the report was completed in 2021, significant improvements have been made across the organisation.

“Our focus continues to be driving a shift in culture to ensure that our staff and students share a vision of an inclusive and empowering learning environment that delivers equal opportunities for all.”