Mr Jonathan Roberts v St Bartholomew’s School — 2026

Mr Jonathan Roberts was dismissed for gross misconduct following findings that several interactions with Student 1 cumulatively breached school policies and safeguarding procedures. He accepted that some of his conduct fell short and that a sanction was appropriate, but disputed the fairness of the investigation and whether his conduct amounted to gross misconduct.

The tribunal found failings in the investigation that affected the disciplinary outcome. The investigation was not as balanced as it should have been, Student 1’s mother was not interviewed, some interviews were brief or conducted by email, and communications with the Local Authority Designated Officer suggested that gross misconduct had been assumed before the investigation was complete. The disciplinary panel chair did not disclose or obtain external advice about her friendship with the mother of the student who initially raised the concerns. The respondent also had no mechanism enabling the panel to compare the proposed sanction with decisions in similar cases, contrary to its disciplinary policy.

The tribunal concluded that dismissal fell outside the range of reasonable responses. It took account of the claimant’s positive references, the early stage of his teaching career, the pastoral responsibility placed on him, the limited nature of the social-media breach, and the lack of evidence linking his conduct to harm to Student 1. The unfair dismissal complaint was therefore upheld. The tribunal also found that the claimant had not committed a repudiatory breach of contract and should not have been dismissed without notice; his wrongful dismissal complaint was upheld. He had received no notice pay, but the judgment did not quantify any monetary award.