Mr D Love v Fife Council — 2024

The claimant, a primary school teacher employed by Fife Council, was dismissed after allegations relating to conduct outside work. The tribunal accepted that conduct was the reason for dismissal and that it was a potentially fair reason, but did not accept that the respondent had established some other substantial reason.

The tribunal found the investigation fundamentally unfair. It found that the respondent focused on matters outside the allegation originally notified to the claimant, sought and relied on sensitive information from police, social work and school records without properly explaining or disclosing it to him, and framed additional allegations that were inaccurate, exaggerated or confusing. The tribunal also found that relevant lines of inquiry supporting the claimant's position were not pursued.

The tribunal found that the dismissing officer did not approach the disciplinary hearing with an open mind, took account of matters not properly established or not put to the claimant, and did not properly consider his clean disciplinary record, length of service, family circumstances or health issues. It concluded that dismissal was outside the band of reasonable responses and was both procedurally and substantively unfair.

The tribunal rejected contributory fault and rejected a Polkey reduction, finding that the flaws were so serious and numerous that it could not conclude the claimant would have been dismissed had a fair procedure been followed. It ordered reinstatement from 19 August 2024, restoration of benefits including pension and pay rises, and compensation for net loss of earnings of £11,694.