X County Council & Anor v Miss D & Anor (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0155_12_2310 (23 October 2012)

X County Council & Anor v Miss D & Anor (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0155_12_2310 (23 October 2012)

The Tribunal's decision was perverse as it failed to take account of the safeguarding officer's relevant experience, took account of irrelevant factors (audience/student reactions), and substituted its own view for that of a reasonable employer. The investigation and reliance on safeguarding advice were within the range of reasonable responses. Procedural failings identified by the Tribunal did not render the dismissals unfair. The appeal is upheld and the claims are remitted for rehearing before a freshly constituted Employment Tribunal.

Citation
[2012] UKEAT 0155_12_2310
Parties
Claimants: Ms C and Miss D; First Respondent: Local Education Authority; Second Respondent: Governing Body of the School
Jurisdiction
United Kingdom
Judgment Date
23 October 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Tribunal judgment set aside; claims remitted for rehearing before a new Employment Tribunal.
Legal Topics
Unfair Dismissal, Reasonableness of Dismissal, Safeguarding, Gross Misconduct, Procedural Fairness
Employment Law Unfair Dismissal Reasonableness of Dismissal Safeguarding Gross Misconduct Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Ms C and Miss D

Claimants

Local Education Authority

First Respondent

Governing Body of the School

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the dismissal of drama teachers for permitting age-inappropriate material in a student performance constituted unfair dismissal
  2. 2 Whether the employer's investigation and reliance on safeguarding advice was reasonable
  3. 3 Whether procedural failings rendered the dismissals unfair

Ratio Decidendi

The Tribunal's decision was perverse as it failed to take account of the safeguarding officer's relevant experience, took account of irrelevant factors (audience/student reactions), and substituted its own view for that of a reasonable employer. The investigation and reliance on safeguarding advice were within the range of reasonable responses. Procedural failings identified by the Tribunal did not render the dismissals unfair. The appeal is upheld and the claims are remitted for rehearing before a freshly constituted Employment Tribunal.

Court Disposition

Appeal allowed; Tribunal judgment set aside; claims remitted for rehearing before a new Employment Tribunal.

Orders

  • Appeal upheld
  • Judgment of Employment Tribunal set aside