EAT UNFAIR DISMISSAL – Reason for dismissal
UNFAIR DISMISSAL – Reasonableness of dismissal
The Claimant was Head Teacher of a voluntary aided school in Haringey. The Director of Children’s Services formed the view that she was not up to the job and put pressure on her and on the Governors to get her to leave. When this proved unsuccessful, the Governors were replaced by an Interim Executive Board, who on 6 February 2008 resolved to seek the Claimant’s removal. A demonstration took place at the School in the Claimant’s support on 25 February: protesters entered the School and there was considerable disruption. The Claimant was dismissed, ostensibly for not taking any measures to prevent the demonstrators entering the School or to mitigate the disruption and other risks when they did so.
The Tribunal found the dismissal to be unfair on the basis that the events of 25 February 2008 were a pretext and that the real principal reason for the Claimant’s dismissal was the prior decision of the IEB that she should go.
Held, that that was a decision which the Tribunal was entitled to reach on the facts of the case – ASLEF v Brady [2006] IRLR 576 followed.
Judges:
Underhill P J
Citations:
[2011] UKEAT 0583 – 10 – 0612
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 October 2022; Ref: scu.450279