Mr M Haggis v Wellspring Alternative Academy — 2021

Mr Haggis worked for Wellspring Alternative Academy from 23 April 2019 until his summary dismissal on 10 June 2020. The tribunal's central factual dispute concerned the 13 March 2020 incident involving Student A. It accepted that the claimant inserted himself into the incident, that he and Paul Jervis restrained Student A, and that the claimant kept Student A on the floor longer than was appropriate. It also accepted the respondent's investigation and appeal evidence, including the evidence of Sarah Jorgensen, Phillip Willott and Lisa Ashcroft-Day.

On the trade union dismissal claim, the tribunal found that Mr Haggis became an accredited NEU representative only at the end of January 2020 and attended union training in early February 2020. It held that earlier assistance to colleagues before that accreditation was not shown to be trade union activity for the purposes of s.152 TULRCA 1992. The tribunal further found that there was no evidence that any of the decision-makers was motivated by hostility to union activity, and that the claimant did not raise a union-victimisation complaint in his investigation interview, disciplinary hearing or appeal. It therefore concluded that the principal reason for dismissal was not trade union activities and dismissed that claim.

The breach of contract claim for notice pay also failed. The tribunal found that Mr Haggis's late allegation that Paul Jervis had used his knee to hit Student A in the ribs was not raised at the first opportunity and was wholly unsatisfactory. It treated that allegation as vexatious and false, and held that, taken with the other findings, it fundamentally undermined trust and confidence. On that basis the respondent was entitled to treat the contract as repudiated and was not obliged to pay notice. The tribunal also noted that any ordinary unfair dismissal claim was dismissed because Mr Haggis did not have two years' qualifying service. A costs application was reserved for later determination.