Claimant v Great Academies Education Trust

Outcome

Facts

The claimant was a mathematics teacher employed since November 2018 with a good record. Between March 2022 and December 2022, multiple pupils complained about his conduct including calling a female student 'Hideous H', telling a male student with mental health issues his girlfriend 'could do better', referring to a Muslim student wearing a hijab as 'Z the nun' and allegedly asking if she had a bomb under her hijab, calling a female student a 'dumb blonde', asking students which teachers they found attractive, and breaching safeguarding instructions by publicly questioning why a vulnerable student had no photograph on the school system. The claimant was informally warned in March 2022 to be 'mindful' of comments but behaviour continued. Following investigation he was summarily dismissed for gross misconduct on 27 September 2023.

Decision

The tribunal dismissed the unfair dismissal claim. The respondent held a genuine belief based on reasonable grounds after a reasonable investigation that the claimant committed gross misconduct including discrimination, safeguarding breaches, and failure to correct behaviour despite warning. The investigation was reasonable, the disciplinary process fair (despite lost CCTV footage which was not determinative), and dismissal was within the band of reasonable responses given the seriousness of admitted allegations and cumulative nature of the misconduct. The claimant's reputation and the school's reputation were balanced but dismissal was appropriate.

Practical note

Adjustments

Legal authorities cited