Claimant v Learning Curve Group

The tribunal found the respondent had a genuine belief in the claimant's misconduct (striking and swearing at learners), conducted a sufficient investigation, had reasonable grounds for that belief, and the decision to summarily dismiss fell within the range of reasonable responses. The claimant's mitigating factors (military background, lack of formal teaching qualifications) were insufficient to make the dismissal unfair.

The tribunal found insufficient evidence that the claimant made protected disclosures as defined in the ERA 1996. The alleged disclosures regarding funding irregularities were not clear enough to constitute protected disclosures, and the tribunal found they were not the reason or principal reason for dismissal. The dismissal was based on the claimant's conduct towards learners.

The tribunal found that the claimant's actions (striking a learner and using inappropriate language) were so serious that they placed him in fundamental or repudiatory breach of his employment contract, justifying summary dismissal without notice or payment in lieu.

The claim for unpaid wages relating to a salary uplift was resolved when the respondent backdated a £2,000 pay rise to September 2022 and paid the arrears on 30 June 2023. The claimant agreed during evidence that the sums owed had been paid.