Martin
Palmer appeared for the appellant head teacher (A) before the Court of Appeal
in her appeal from a judgment of the Employment Tribunal determining that her
dismissal was substantively fair. A was
appealing against the Tribunal determination that the local authority’s
decision to dismiss her was substantively (albeit procedurally) unfair because
of a purported failure to disclose her association with a convicted sex
offender. In an important dissenting
judgment, Elias LJ held contrary to the majority of the Court of Appeal (Black
LJ and Floyd LJ) that the Employment Tribunal was not entitled to find A’s
dismissal fell within the range of reasonable responses. The case raises highly topical considerations
for education professionals and school employers. In particular, the case
focuses upon the absence of clear guidance as to what a head teacher is
required to disclose in such circumstances. A is seeking leave to appeal the Court of
Appeal’s judgment to the Supreme Court. The case is subject to a permanent order restricting the reporting of
the case in a way which would identify the school or any of the children. The effect is to anonymise the names of the
parties.
Read a copy of the judgment HERE.
