A v B Local Authority & Anor [2016] EWCA Civ 766 (19 July 2016)

A v B Local Authority & Anor [2016] EWCA Civ 766 (19 July 2016)

By majority, the Court of Appeal held that the Employment Tribunal was entitled to find that the appellant's association with a convicted sex offender posed a risk to children at the school, creating a duty to disclose the relationship to the governing body. The failure to disclose constituted misconduct, and the...

Source-derived case information.

Citation
[2016] EWCA Civ 766
Parties
Appellant: A; First Respondent: B local authority; Second Respondent: C governing body of school
Jurisdiction
England and Wales
Judgment Date
19 July 2016
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed by majority; dismissal found to be fair as a matter of substance.
Legal Topics
Unfair Dismissal, Gross Misconduct, Safeguarding Duties, Duty of Disclosure, Article 8 ECHR, Contributory Fault, Polkey Reduction
Employment Law Education Law Human Rights Unfair Dismissal Gross Misconduct Safeguarding Duties Duty of Disclosure Article 8 ECHR +2 more

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Summary, issues, holding and outcome

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Parties

A

Appellant

B local authority

First Respondent

C governing body of school

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant head teacher was under a duty to disclose her relationship with a convicted sex offender to the school governing body
  2. 2 Whether failure to disclose constituted gross misconduct justifying summary dismissal
  3. 3 Whether the dismissal was fair as a matter of substance under section 98 Employment Rights Act 1996

Ratio Decidendi

By majority, the Court of Appeal held that the Employment Tribunal was entitled to find that the appellant's association with a convicted sex offender posed a risk to children at the school, creating a duty to disclose the relationship to the governing body. The failure to disclose constituted misconduct, and the decision to dismiss was within the range of reasonable responses of a reasonable employer. Any interference with Article 8 rights was justified and proportionate for the protection of children. The appeal was dismissed.

Court Disposition

Appeal dismissed by majority; dismissal found to be fair as a matter of substance.

Orders

  • Appeal dismissed
  • No order for compensation; Employment Tribunal's findings on contributory fault and Polkey reduction stand