Michael Barbrook v New City College Limited — 2023

Michael Barbrook had worked for Havering Sixth Form College since 1997 and transferred to New City College in August 2019. He was suspended in November 2020 and dismissed in January 2021 after allegations about Friday afternoon sports lessons and Friday morning coaching sessions. The tribunal also extended time for some disability discrimination allegations as just and equitable, but later decided the claims on their merits.

On disability, the tribunal accepted that Mr Barbrook had anxiety and depression from November 2020 and that this caused difficulty sleeping and heart palpitations, with antidepressants prescribed at that time. It nevertheless found that the impairment was not long-term because it had not lasted, and was not likely to last, at least 12 months. The tribunal therefore held that he was not disabled by reason of anxiety and depression for the purposes of the pleaded discrimination claims.

The tribunal accepted that the respondent genuinely believed Mr Barbrook had moved sports lessons, left site early, cancelled coaching sessions and falsified registers. It found, however, that the investigation and appeal were not adequate: key evidence supporting his case was omitted or not pursued, including material from Ms Leaves about previous permission to bring Friday lessons forward, the student focus group evidence, the corrected minutes referring to Mr Allotey, and the CCTV footage itself. The tribunal described the approach as not open-minded and held that the investigation fell outside the range of reasonable investigations, so the dismissal was unfair.

The tribunal upheld the breach of contract claim in relation to notice pay because it found the respondent was not entitled to dismiss without notice. The judgment records that the parties agreed 12 weeks' notice would have been due if notice was payable. The supplied text does not contain a monetary remedy section, so no award figures are recorded here.