The appellant challenged rejection of his claim for unfair dismissal and discrimination and breach of contract. He had been summarily dismissed from his position as teacher with the defendant school. He had gone to a teacher’s Xmas drink in a pub instead of teaching his class. At a disciplinary hearing he had produced evidence which led to a warning, but the school then discovered that the evidence was false. At a further hearing into whether he had had procured the false evidence, the school declined to compel the witness to attend to give evidence, and the charge was found to be true and he was summarily dismissed. There had also been issues as to his capacity.
Held: The appeal failed. In view of the concession that the witness even if called could not have supported the appellant’s case, the tribunal’s decision could not be attacked as wrong in law or for perversity. The tribunal had been correct to dismiss the complaint of discrimination since the appellant had failed to bring any evidence of a comparator.
Judges:
Byrt QC J
Citations:
[1998] UKEAT 959 – 98 – 0111
Links:
Jurisdiction:
England and Wales
Employment
Updated: 29 August 2022; Ref: scu.206866