Mr Daniel Goodey v Of the High School of Dundee — 2019

Mr Daniel Goodey was a Principal Teacher of Philosophy and Religion at Dundee High School. In January 2018, after a discussion with pupil X about working with another pupil, pupil X and her mother complained about what had been said. The tribunal found that the respondent did not handle the matter in accordance with its complaints procedure, did not initially give the claimant written details of the complaint, and instead allowed the issue to escalate through guidance staff, the Deputy Rector and the Rector. The claimant repeatedly explained that he had not intended to be dismissive and that he wanted the matter handled through normal school pastoral channels.

The tribunal found that senior management pressed the claimant to apologise for alleged unprofessional conduct, treated his attempts to clarify the issue as intransigence, and moved the matter into an investigation that covered both the complaint and the claimant's own conduct. It held that the respondent's approach to the complaint, the meetings with the Rector, the grievance investigation by former Bursar Mr Sharp, and the later appeal process cumulatively undermined trust and confidence. The tribunal also took account of the respondent's handling of the claimant's requests for references and GTCS professional update paperwork as part of the wider course of conduct.

The grievance investigation produced findings that some aspects of the complaint handling and recording process were unsatisfactory, but it did not uphold the grievance in full. The appeal panel confirmed the grievance outcome. The claimant resigned on 17 July 2018, stating that there had been a breach of trust and confidence and that he felt unable to return to work. The tribunal held that the respondent had committed a repudiatory breach of the implied term of trust and confidence, applying the authorities it cited on constructive dismissal, and that the claimant resigned in response to that breach.

On remedy, the tribunal accepted the claimant's losses and mitigation evidence but applied the statutory cap. It awarded a compensatory award of £51,139.40 and a basic award of £9,606, making a total award of £60,745.40. The reasons contain an apparent typographical inconsistency earlier in the remedy section, but the final award stated by the tribunal is clear.