Mr. Joan Beltri v Impact Teachers Ltd — 2022

The claimant brought breach of contract and wrongful dismissal claims against Impact Teachers Ltd arising from a teaching placement at Woodbridge Park School. The judgment also records that an unfair dismissal claim had initially been included but was withdrawn and dismissed on 4 August 2022. After hearing evidence from the claimant, Mr Ronald Rosati and Miss Ashley Yee, the tribunal found that the claimant and respondent entered into a contract for him to teach at the School from 7 September 2021.

The tribunal held that the role was regulated activity from which the claimant was barred under the Safeguarding Vulnerable Groups Act 2006, so the contract was illegal. Applying Patel v Mirza, it concluded that refusing to enforce the contract aligned with the purpose of the legislation, which was to safeguard children, and that denial of the claim was a proportionate response because DBS clearance was central to the arrangement.

In the alternative, the tribunal found that the term requiring clearance of all documentation before commencement was incorporated into the contract, that the claimant was in breach because he was barred and could not obtain an up-to-date DBS check, and that this was a fundamental or repudiatory breach. It also found that the later terms and conditions were incorporated, including the clause allowing termination if the School ended its contract with the respondent. The tribunal did not determine employment status and dismissed the breach of contract and wrongful dismissal claims; no monetary award was made.