Mrs A Brenan v South Tyneside Council & Another — 2020

Mrs Brenan was employed as a primary school teacher and senior leader at the second respondent school. The tribunal found that in 2016 and 2017 she became involved in inappropriate relationships or friendships with fathers of pupils, including allowing one parent to attend a school trip after she had reported him to police, and that she failed to disclose those matters to the headteacher. It also found that she failed to tell social services when her husband returned to the family home despite being asked to do so, and that she used her senior position in dealings with a more junior colleague.

The disability discrimination complaint was dismissed for want of jurisdiction. The tribunal accepted that the claimant suffered from depression and that this amounted to a disability, but held that the claim was presented out of time and that it was not just and equitable to extend time. It noted that the claimant did not raise the issue until late in her evidence, had been able to pursue other post-dismissal complaints in time, and had not produced evidence that her disability affected the delay. The tribunal also found that the respondent did not know, and could not reasonably have been expected to know, that she had a disability on the material facts before it.

On unfair dismissal, the tribunal found that the principal reason for dismissal was conduct. It held that the respondent carried out a reasonable investigation, had reasonable grounds for believing the allegations were proved, and was entitled to treat the conduct as gross misconduct. The tribunal concluded that dismissal was within the band of reasonable responses and that the procedure was largely fair, although it had some reservations about the appeal being heard in the claimant's absence. It found that those reservations would not have altered the outcome.

The breach of contract claim, pleaded as wrongful dismissal, also failed. Because the tribunal found gross misconduct, it held that the respondent was entitled to dismiss without notice. No monetary award was made.