Mr J Hollywood v Governing Body of Northwood Community Primary School and 1 other — 2023

Mr Hollywood was headteacher of Northwood Community Primary School and was dismissed on 10 March 2020 after engaging CXH, a former teacher then subject to a Prohibition Order, to assist the school music teacher for a limited period before an Easter performance. The tribunal found that the reason for dismissal was conduct, namely the respondent's view that he had failed to apply recruitment procedures concerning safeguarding risks and failed to take account of reputational risk. It rejected the argument that the dismissal reason should be attributed to the Chair of Governors under Royal Mail Group Ltd v Jhuti.

The unfair dismissal complaint succeeded. The tribunal found that the respondent genuinely believed the two misconduct allegations, but that the investigation was flawed because the investigating officer had not acted even-handedly, had taken an accusatorial approach, and had not sought exculpatory evidence. It also found that the disciplinary and appeal panels did not adequately address the claimant's defences, that the appeal panel did not have the disciplinary hearing notes, and that alternatives to summary dismissal were not properly considered despite the claimant's clean record, contribution to the school, and the potential career consequences of dismissal.

The wrongful dismissal claim also succeeded. The tribunal found that no recruitment procedure had been identified which the claimant had failed to apply, that the respondents had found he had not failed to undertake necessary safeguarding checks, and that the reputational risk had to be assessed in the context that supervised engagement of a prohibited teacher was lawful. Taking the two proven allegations together, the tribunal found they did not amount to repudiatory conduct, wilful ignorance of responsibilities or instructions, or action intentionally placing others in danger.

The unlawful deduction from wages claim succeeded. The claimant had repaid an alleged overpayment for 11 February 2020 to 29 February 2020 and was later paid £6,658.74 gross for the period 11 February 2020 to 10 March 2020. The tribunal found that his normal gross monthly pay was £6,810.25 and ordered payment of the £151.51 gross shortfall. Other remedy issues, including unfair dismissal compensation, Polkey, contributory fault and any ACAS Code adjustment, were left for a remedy hearing.