A v B Local Authority & Anor

A v B Local Authority & Anor

By majority, the Court of Appeal held that the appellant, as head teacher, was under a duty to disclose her association with a convicted sex offender to the school governing body due to safeguarding obligations. Her failure to disclose constituted misconduct, and the employer's decision to dismiss was within the range of reasonable responses. The appeal was dismissed.

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
Legal Topics
Unfair Dismissal, Gross Misconduct, Safeguarding Duties, Duty of Disclosure, Sexual Offences, Article 8 ECHR, Contributory Fault, Polkey Reduction
Employment Law Education Law Human Rights Unfair Dismissal Gross Misconduct Safeguarding Duties Duty of Disclosure Sexual Offences +3 more

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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 was under a duty to disclose her association with a convicted sex offender to the school governing body
  2. 2 Whether failure to disclose constituted gross misconduct justifying dismissal
  3. 3 Whether the dismissal was fair as a matter of substance under employment law

Ratio Decidendi

By majority, the Court of Appeal held that the appellant, as head teacher, was under a duty to disclose her association with a convicted sex offender to the school governing body due to safeguarding obligations. Her failure to disclose constituted misconduct, and the employer's decision to dismiss was within the range of reasonable responses. The appeal was dismissed.

Court Disposition

Appeal dismissed by majority