chester

Chester 01244 405 555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

shrewsbury

Shrewsbury 01743 443043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Slide e

Airport City, Manchester 0161 537 3324

Offices 204 and 205
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

17th February, 2014

Employment Appeal Tribunal confirms allegations of historical child abuse do not justify dismissal


The Employment Appeal Tribunal has confirmed in the recent case of Z v A, A v Z UKEAT/0203/13, that allegations of historical child abuse alone do not amount to some other substantial reason (“SOSR”) justifying dismissal.

A primary school was informed by police that its caretaker, A, was subject to an allegation of historic child abuse. The alleged victim confirmed the allegation to the school, who subsequently suspended A. Although no charges were brought against A during his year-long suspension, following the headteacher’s assertion that there had been a break down of all trust and confidence in A, he was dismissed.

The Employment Tribunal held that the school had failed to show SOSR to justify A’s dismissal. The school had also acted in an unreasonable manner by proceeding straight to dismissal on the mere fact of the allegation. It was held that the school had incorrectly applied the balance between the welfare of its pupils and the interests of the employee. As such, A’s dismissal was unfair.

On appeal by both parties, the Employment Appeal Tribunal upheld the Employment Tribunal’s decision.

The investigating police had not expressed to the school that the allegation was credible nor did they warn the school against employing A. The school’s appeal was therefore dismissed on the basis that SOSR must be “of a kind justifying dismissal” and could not be loosely attached to a case where a fair reason for dismissal cannot be identified.

A also cross-appealed the Tribunal’s decision not to award damages for the psychiatric injury he suffered arising from the dismissal. In dismissing his appeal, the Employment Appeal Tribunal was unable to find that the dismissal had caused the psychiatric injury, as opposed to the allegation itself.

For further information and advice on dealing with conduct outside the workplace, please contact Claire Brook on 01244 405575 or send an email to [email protected].



You might also be interested in...

New Measures Announced to Control the Number of Second Homes in Wales

9th August, 2022

Concerns surrounding the rising number of second homes has forced the Welsh Government to act. In July a... Read More »

Employment Law Newsletter – August 2022

5th August, 2022

Welcome to the latest edition of our Employment Law Newsletter. If you would like discuss any of the... Read More »

What the Decision on Holiday Pay for Part-Year Workers Means for Employers

2nd August, 2022

The Supreme Court has recently issued its long-awaited decision in the case of Harpur Trust v Brazel. This... Read More »

Contact Us