Mr G Coleman v Doncaster Culture & Leisure Trust — 2023

The Claimant, a swimming teacher for the Respondent, made a remark to a female primary school pupil during a lesson on 30 September 2022, saying that "it looks like you work out". The Claimant accepted making the remark and accepted that it was inappropriate. The school complained to the Respondent the same day, saying the comment was inappropriate and had made the pupil and teacher feel uncomfortable. The Claimant was suspended on full pay on 1 October 2022, investigated, and dismissed with immediate effect on 11 October 2022. His appeal was dismissed on 21 October 2022.

On the unfair dismissal claim, the tribunal applied s.98(4) of the Employment Rights Act 1996 and the approach in British Home Stores v Burchell. It found that the Respondent genuinely believed the Claimant was guilty of misconduct on reasonable grounds, that the investigation was reasonable, and that the procedure was fair. The tribunal accepted that the decision to dismiss could be seen as harsh because it was a first offence and a single remark, but held that the Respondent was entitled to treat the conduct as a safeguarding concern and as conduct that might bring its name into disrepute. It found that dismissal was within the range of reasonable responses and dismissed the unfair dismissal claim.

On wrongful dismissal, the tribunal held that it had to decide for itself whether the conduct amounted to a fundamental breach of contract. It found that the same conduct, in the context of a male swimming teacher speaking to a 10 or 11 year old girl in swimwear about her body and appearance, was highly inappropriate and amounted to gross misconduct. The tribunal therefore held that the Claimant was not entitled to notice of termination and dismissed the wrongful dismissal claim.