EAT HUMAN RIGHTS
UNFAIR DISMISSAL: Reasonableness of dismissal
The Claimant was employed as a mentor and leader for girls who had barriers to learning in an inner city school. From her school computer she accessed pornography and distributed it to colleagues. She was summarily dismissed. Art 10 ECHR (freedom of expression) was engaged but the School justified the dismissal as proportionate and as pursuing its legitimate aim in protecting children. The Claimant did not have insight into her actions and the School did not share her view that it was enriching for girls to see pornography, and there was no Internet policy in place. The Employment Tribunal was correct to uphold the School’s decision, rejecting the claims for unfair and wrongful dismissal.
Citations:
[2009] UKEAT 0072 – 09 – 1307
Links:
Employment, Human Rights
Updated: 14 August 2022; Ref: scu.401683
