Henderson v The London Borough of Hackney & Ors [2009] UKEAT 0072_09_1307 (13 July 2009)

Henderson v The London Borough of Hackney & Ors [2009] UKEAT 0072_09_1307 (13 July 2009)

The dismissal was within the band of reasonable responses open to the employer, given the Claimant's lack of insight, the risk to vulnerable children, and the seriousness of the misconduct. Even if Article 10 ECHR was engaged, the interference was justified and proportionate to the legitimate aim of protecting children. The Tribunal's finding of gross misconduct justified summary dismissal, and the claim for wrongful dismissal was correctly rejected.

Citation
[2009] UKEAT 0072_09_1307
Parties
Appellant/claimant: Miss Henderson; Respondent/employer: London Borough of Hackney (via The Learning Trust and Haggerston School)
Jurisdiction
United Kingdom
Judgment Date
13 July 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Wrongful Dismissal, Gross Misconduct, Freedom of Expression (article 10 Echr), Proportionality, Disciplinary Procedures
Employment Law Human Rights Law Unfair Dismissal Wrongful Dismissal Gross Misconduct Freedom of Expression (article 10 Echr) Proportionality Disciplinary Procedures

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Parties

Miss Henderson

Appellant/claimant

London Borough of Hackney (via The Learning Trust and Haggerston School)

Respondent/employer

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the dismissal of the Claimant for distributing pornography at school was unfair and/or wrongful
  2. 2 Whether Article 10 ECHR (freedom of expression) was engaged and, if so, whether the dismissal was a proportionate interference with that right
  3. 3 Whether the Employment Tribunal applied the correct legal test for wrongful dismissal

Ratio Decidendi

The dismissal was within the band of reasonable responses open to the employer, given the Claimant's lack of insight, the risk to vulnerable children, and the seriousness of the misconduct. Even if Article 10 ECHR was engaged, the interference was justified and proportionate to the legitimate aim of protecting children. The Tribunal's finding of gross misconduct justified summary dismissal, and the claim for wrongful dismissal was correctly rejected.

Court Disposition

Appeal dismissed

Orders

  • The appeal on both unfair and wrongful dismissal is dismissed.
  • No order for reinstatement or compensation.