Mr Robert Headley v London Borough of Newham and 2 others — 2019

The claimant, a teacher at Rokeby School, was summarily dismissed after a disciplinary process concerning YouTube videos and a published book. The tribunal found that he had made protected disclosures about GCSE Design and Technology moderation and alleged examination irregularities, but that Jo Doyle's complaint about the videos was not prompted by those disclosures and that the disciplinary governors were not influenced by them. The reason for dismissal was conduct, not protected disclosure.

On ordinary unfair dismissal, the tribunal found that the school had a potentially fair reason and that the dismissal fell within the range of reasonable responses. It accepted that the claimant's Article 9 rights were engaged because the videos were a manifestation of religious belief, but concluded that the school's restriction of the manner of manifestation was justified by its interests in promoting pluralism and student welfare. It found the process overall fair despite some imperfections, including clearer disciplinary allegations being preferable and an appeal-panel reference to subscriber figures not having been raised during the hearing.

The tribunal dismissed the direct religion or belief discrimination claim. It held that the claimant was not dismissed because of his religion or belief, but because the public expression of those beliefs was, in the tribunal's finding, in terms inconsistent with his position as a senior teacher at a multicultural secondary school. The notice pay claim was also dismissed because the tribunal found the claimant's conduct amounted to a serious breach of contract entitling dismissal without notice.