EAT UNFAIR DISMISSAL
Reason for dismissal including substantial other reason
Reasonableness of dismissal
Contributory fault
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
A deputy head teacher was friendly with a fellow teacher, who was arrested and suspended for having indecent images of children (not at the Appellant School). She maintained a friendship, discreetly. Some nine months after it was indicated to her by the School and LEA that there was nothing wrong in her continuing with this, and without more than three days prior warning, she was suspended from post and disciplinary proceedings initiated. On appeal, it was held that her actions had not brought the School into disrepute, nor did they pose a safeguarding risk to children at the School, but nonetheless the head teacher had lost confidence in her such that her continued employment at the School was untenable, and her dismissal was confirmed. The school maintained this was SOSR. The Employment Tribunal accepted this, but found the dismissal unfair in the circumstances, especially since the employer had not only failed to warn her of the risk to her employment but had appeared to condone her conduct in maintaining a friendship.
It was contended (by reference to Perkin, McAdie and Ezsias) that in a case of dismissal for SOSR for loss of confidence an ET was not entitled to have regard to the causes of that loss, but should be restricted merely to the fact of it. This was rejected: s.98(4) entitled the ET to take a broader view, this was consistent with observations in the three cases principally relied on, and the context was analogous to a dismissal for conduct in which case a warning or its absence would be highly relevant to any consideration of fairness.
Further grounds of appeal on the basis of inconsistency in the Judgment, and substitution of view, were rejected on a fair understanding of the Judgment. Procedural irregularity was rejected as a ground given that there was no prejudice which could not be remedied. However, the ET failed to address arguments which had been made to it in respect of one of two distinct aspects of alleged contributory fault, and that issue would have to be remitted.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0527 – 11 – 2504
Links:
Jurisdiction:
England and Wales
Employment
Updated: 31 October 2022; Ref: scu.459931