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The Ombudsman said the two former officials were 'policy-makers' who did not directly misapply funds for other purposes.
The union added: "The walkout had been called by 55 teachers at the academy school who were angry at a decision by local governors to misapply rules about pay progression.
The possibility that managers could misapply positive discrimination and cause disgruntled candidates to sue may strongly discourage many organisations from applying it," Mr Dale said.