Case details

A (Appellant) v B and another (Respondents)

Case ID: UKSC 2016/0170

Case summary

Issue(s)

The scope of A's contractual obligation of disclosure: whether the Employment Tribunal made appropriate findings to support the duty imposed and whether such duty was disproportionate given A’s right to a private life.

Facts

A was a head teacher at a school for which C was at the time the governing body and for which B is the relevant local authority. She was dismissed for gross misconduct in May 2011. It was alleged that she had wrongly failed to disclose her friendship with a man who had been arrested and was later convicted of making indecent images of children in breach of her contractual obligations. A issued proceedings for unfair dismissal and sex discrimination, maintaining that she had been under no obligation to disclose the information. The Employment Tribunal held that the decision to dismiss her had been fair as a matter of substance but there had been unfairness in the internal appeal process. No compensation was payable for this, as there was a 90% chance she would have been dismissed fairly in any event and her contributory fault was 100%. Her sex discrimination claim was dismissed and was not further pursued.

Judgment appealed

[2016] EWCA Civ 766

Parties

Appellant(s)

A

Respondent(s)
  1. B
  2. C

Appeal

Justices

Lady Hale, Lord Wilson, Lord Carnwath, Lord Hughes, Lord Hodge

Hearing start date

12 Dec 2017

Hearing finish date

12 Dec 2017