Mr K Wood v Halesowen College — 2024

The claimant, Mr K Wood, was employed by Halesowen College as a Lecturer in Esports and was dismissed for gross misconduct after complaints made by students A and B. The tribunal summarised the allegations as inappropriate conversations and conduct in the classroom, but it found on the balance of probabilities that those allegations were fabricated. It accepted the claimant's evidence that he understood the need to maintain professional boundaries, had raised safeguarding concerns himself, and had not behaved in the way alleged.

In reaching that conclusion, the tribunal relied on the fact that the respondent called no witnesses who had been present when the alleged conduct was said to have occurred, while the claimant gave evidence it found measured and honest. It accepted evidence from other witnesses that supported the claimant's professional conduct, and it rejected the respondent's case that the student evidence showed a pattern of truthful but inconsistent recollection. The tribunal found that the claimant did not commit gross misconduct and that summary dismissal without notice was therefore not justified.

The tribunal also held that the respondent breached the contractual disciplinary procedure incorporated into the claimant's contract. It found that the respondent failed to carry out a full investigation before dismissal, including failing to interview four relevant witnesses requested by the claimant and failing to obtain his MyConcern and MyHalesowen notes. It also found a separate breach because the respondent relied on the Colmers Reference as part of the dismissal decision without telling the claimant in advance or providing the document before the hearing.

Damages were awarded for one week's notice, the period the tribunal found it would have taken to complete the contractual disciplinary process, and a 15% ACAS uplift for unreasonable breach of the Code. The tribunal recorded compensation of £3,431.31, made up of £596.75 for one week's loss of notice, £2,387 for the four-week delay in following the procedure, and £447.56 as the uplift. It noted that holiday pay and pension entitlement were left to be agreed separately.