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IS A HEAD TEACHER UNDER A DUTY TO DISCLOSE AN ASSOCIATION WITH A SEX OFFENDER – A V B & C? MARTIN PALMER ACTS FOR A IN THE COURT OF APPEAL

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

Posted: 19.07.2016 at 15:17
Tags:  Cases  Employment Law
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