A v B & Anor (Unfair Dismissal) [2014] UKEAT 0409_13_2002 (20 February 2014)

A v B & Anor (Unfair Dismissal) [2014] UKEAT 0409_13_2002 (20 February 2014)

The Employment Tribunal was entitled to find that the employer's belief in the Appellant's gross misconduct, based on her failure to disclose her relationship with a convicted sex offender, was both genuine and reasonable. The duty to disclose was sufficiently embedded in the disciplinary rules and the nature of the Headteacher's role. The Tribunal's reasoning was not perverse or in breach of Article 8 ECHR. The appeal fails on all grounds.

Citation
[2014] UKEAT 0409_13_2002
Parties
Appellant: A; Respondent: B; Respondent: C
Jurisdiction
United Kingdom
Judgment Date
20 February 2014
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Gross Misconduct, Safeguarding, Disclosure Obligations, Article 8 ECHR
Employment Law Unfair Dismissal Gross Misconduct Safeguarding Disclosure Obligations Article 8 ECHR

Case Brief

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Parties

A

Appellant

B

Respondent

C

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding the dismissal fair at first instance
  2. 2 Whether there was a contractual or implied duty to disclose the relationship with a convicted sex offender
  3. 3 Whether the employer's belief in gross misconduct was reasonable

Ratio Decidendi

The Employment Tribunal was entitled to find that the employer's belief in the Appellant's gross misconduct, based on her failure to disclose her relationship with a convicted sex offender, was both genuine and reasonable. The duty to disclose was sufficiently embedded in the disciplinary rules and the nature of the Headteacher's role. The Tribunal's reasoning was not perverse or in breach of Article 8 ECHR. The appeal fails on all grounds.

Court Disposition

Appeal dismissed

Orders

  • Permanent anonymisation order restricting reporting of the school and children’s identities
  • Matter to be remitted to the Employment Tribunal for remedy in respect of unfair dismissal limited to deficiencies in the appeal process