The claimant had been dismissed for gross misconduct. As a teacher he had drunk alcohol at school, and taken a bottle of wine. His complaint of unfair dismissal had been dismissed, and he appealed that decision, saying the school had departed from proper procedures, that the panels had been chosen in contravention of procedures, and that the allegation was initially of serious misconduct, and only became an allegation of gross misconduct at the hearing. The panel had been chosen by the chairman of governors under procedures designed for urgency, but where in fact time existed to take the decision in accordance with the statutory procedures. The tribunal had erred in law. The tribunal had restricted evidence from witnesses challenging the bias of the head. The appeal succeeded, but in the light of the claimant’s own admissions, the compensatory award will be nil, and the basic award calculated at 50%.
Judges:
His Honour Judge J Altman
Citations:
[2001] UKEAT 177 – 00 – 1511, EAT/177/00
Links:
Statutes:
Education (School Government) Regulations 1989, Education Act 1996 27, Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993
Jurisdiction:
England and Wales
Education, Employment
Updated: 31 October 2022; Ref: scu.204425
