Claimant v The Governing Body of Kings' School
Outcome
Individual claims
The tribunal found the complaint was not well-founded. The claim was brought under Part X Employment Rights Act 1996 and dismissed after a five-day full merits hearing.
The tribunal found the complaint was not well-founded. The claim was brought under Part X Employment Rights Act 1996 against the First Respondent and dismissed after full consideration.
Facts
Mr Tresair was employed at Kings' School and brought claims of unfair dismissal and automatically unfair dismissal against both the school's governing body and Hampshire County Council. The tribunal heard evidence over five days. The claimant represented himself while both respondents were represented by counsel.
Decision
The tribunal dismissed the claims against Hampshire County Council on jurisdictional grounds, as dismissal claims in education settings can only be brought against the governing body under the 2003 Education Order. The claims against the school's governing body were dismissed as not well-founded after a full merits hearing.
Practical note
In education settings, unfair dismissal claims must be brought against the school's governing body, not the local authority, pursuant to the Education (Modification of Enactments Relating to Employment) (England) Order 2003.
Legal authorities cited
Statutes
Case details
- Case number
- 6000626/2024
- Decision date
- 5 December 2025
- Hearing type
- full merits
- Hearing days
- 5
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No