Hargreaves v Manchester Grammar School: EAT 11 Jun 2018

Unfair dismissal – reasonableness of dismissal – section 98(4) Employment Rights Act 1996
The Claimant was a teacher employed by the Respondent who had an unblemished career until it was alleged that he had acted inappropriately by grabbing a pupil (pupil A), pushing him against a wall and putting his fingers to the pupil’s throat. The Respondent’s findings in respect of this matter had ultimately led it to dismiss the Claimant. The ET, [2017] UKET 2404445/2016, found that dismissal had been fair. The Claimant appealed, arguing that given the career-changing impact of the allegation the Respondent’s investigation was inadequate. In particular, he contended that the ET erred in its approach to the Respondent’s failure to disclose (to him and to the disciplinary panel) specific evidence from potential witnesses (two other pupils and one member of the administrative staff), who had each said they had seen nothing. It was the Claimant’s case that, given the location of the incident and the conduct alleged, evidence that these witnesses had seen nothing untoward was itself highly relevant and it was irrelevant that he had not himself raised the point during the internal process.
Held: dismissing the appeal
The ET had correctly directed itself as to the higher standard of investigation and process that might be expected given the potentially career-changing nature of the allegation against the Claimant. As for the specific points taken on appeal, there was nothing to suggest that the ET had misunderstood the location of the incident in question (relevant to the question whether particular witnesses might have been expected to have seen something untoward). The Respondent had, however, been concerned with a very particular interaction between the Claimant and pupil A and the ET was entitled to consider the reasonableness of its decisions in this context. Doing so, it had permissibly concluded that the Respondent had acted within the range of reasonable responses in taking no further action in respect of the evidence of witnesses who would not have had a direct view of the incident and who had said they had seen nothing. As for the fact that the Claimant had not himself taken the point during the internal process, whilst this was not an irrelevant consideration the ET did not lose sight of the fact that it was the Respondent’s obligation to ensure that there was a fair investigation.

Citations:

[2018] UKEAT 0048 – 18 – 1106

Links:

Bailii

Jurisdiction:

England and Wales

Employment

Updated: 14 July 2022; Ref: scu.630717