Case 3202315/2023 · Employment Tribunal
Ms B Subrian v Gilbert Colvin Primary School — 2025
- Case reference
- 3202315/2023
- Decision date
- 23 January 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge J Feeny Representation
- Venue
- East London Hearing Centre
Parties
2 namedClaimant
Ms B Subrian
Respondent
Key findings
Tribunal's reasoningThe claimant, a teacher, was summarily dismissed after a disciplinary process concerning a comment and hand gesture made to year 6 pupils on 11 May 2023. The tribunal recorded that the claimant accepted making the comment and gesture, while disputing aspects of timing, context, investigation, procedure, and sanction.
The tribunal accepted that the respondent had a genuine and reasonable belief in misconduct and that no further investigation was required in the circumstances. It identified procedural concerns, including that the disciplinary hearing should have been chaired by three governors and concerns about Mrs Clark's approach, but found that the appeal before a full panel remedied those faults.
The tribunal concluded that dismissal was within the range of reasonable responses, that the appeal process was fair, and that the dismissal was fair. The unfair dismissal claim was therefore dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment states that the ET1 initially ticked age discrimination, but the claimant confirmed that no such claim was brought. The tribunal adjudicated a single complaint of unfair dismissal. | Dismissed | — | — |
Legal tests applied
17 references- section 94 ERA
- section 98 ERA
- s 98(2)(a) ERA
- British Home Stores Limited v Burchell
- range of reasonable responses
- Iceland Frozen Foods v Jones
- London Ambulance Services NHS Trust v Small
- Newbound v Thames Water Utilities Limited
- Taylor v OCS Group Ltd
- ACAS Code of Practice for disciplinary and grievance procedures
- Polkey reduction
- Software 2000 Ltd v Andrews
- section 122(2) ERA
- section 123(6) ERA
- Jinadu v Docklands Buses Ltd
- Kids City Ltd v Gayle
- Westminster City Council v Cabaj
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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