Claimant v Baker v The Governing Body of St Charles RC Primary School — 2023

Mrs V Baker was employed as headteacher from 1 September 2010 and was dismissed on 25 May 2021 following a disciplinary process arising from a whistleblowing complaint signed by 14 staff. The allegations included that she regularly attended work smelling of alcohol, left children unsupervised in the playground, publicly berated the deputy headteacher, behaved in an irrational/erratic/unprofessional way, made comments about a relationship between staff, and later disclosed confidential information to a former member of staff's school during suspension.

The tribunal held that the reason for dismissal was conduct and that the respondent genuinely believed the allegations were true on reasonable grounds after carrying out a reasonable investigation. It accepted that the respondent interviewed the complainants, re-interviewed witnesses on points raised by the claimant, held two investigatory meetings, conducted a seven-day disciplinary hearing, and then heard the appeal as a rehearing. The tribunal rejected the claimant's case that the allegations were the product of collusion or bias.

The tribunal also found that the delay in the process, although substantial, was reasonable in the circumstances, including the claimant's sickness absence, her bullying and harassment grievance, witness availability, the impact of Covid-19, and the time needed to appoint impartial governors. The appeal was not successful on 19 May 2022, and the tribunal concluded that dismissal fell within the range of reasonable responses.

The wrongful dismissal claim was also dismissed. The tribunal found that the claimant's conduct, considered in the round as headteacher, amounted to gross misconduct and a repudiatory breach of contract, so the respondent was entitled to terminate the employment summarily without notice or payment in lieu of notice.