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Every now and again, an employment case comes along and whilst the circumstances may not be identical or relevant to most organisations, the principles of the case are.
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Earlier this month, an Employment Appeal Tribunal awarded a disabled teacher with Cystic Fibrosis £180,000 in compensation after ruling that his employer discriminated against him when he was dismissed for misconduct. The amount of compensation could reach more than £500,000 with an award to reflect the loss of pension.
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The employee was Head of English in a school in York and he was dismissed for gross misconduct in 2014 when he showed the film ‘Halloween’ with an 18 certificate to 15/16 year old students. There were no complaints about this from parents or students and he admitted this had been a poor choice, but the decision had been made at a time when he was suffering ill health and under extreme stress.
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He was working long hours and the reasonable adjustments regarding attending appointments and flexibility with deadlines had stopped when a new Headteacher had taken over at the school. His workload increased, he worked long hours and had to cut corners on his health routines. Due to the stress his lung function decreased and his life expectancy reduced by two years.
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Whilst he was off work due to stress, the school learned that he had shown the film to the students. He was eventually sacked for gross misconduct for a single, one-off offence. The employee appealed against his dismissal but lost. He then took the City of York Council to an Employment Tribunal where it was found he had been unlawfully dismissed.
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The Council appealed to the Employment Appeal Tribunal which found that the school was responsible for ‘serious and substantial acts of discrimination’ and had failed to take into account his disability and make reasonable adjustments. One serious single error of judgment could not be regarded as sufficient to constitute gross misconduct.
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When dealing with issues in the workplace it is important that you and your Managers know your employees, take into consideration all factors and consider whether any penalty being considered is appropriate.
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If you would like further information or support for your business please contact
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Sheila Watson on 01429 857082.
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sheila.watson@hartlepool.gov.uk