Dismissal for indecent images

The Scottish Court of Session has overturned a decision by the Employment Appeal Tribunal and confirmed that it was not unfair to dismiss a teacher who had been arrested after indecent images of children were found on his home PC.

While his son also had access to his computer and arrest charges against both of them were dropped, the fact that the teacher may have downloaded the images was enough to give rise to a safeguarding concern, a risk of reputational damage and a breakdown in trust justifying his dismissal for some other substantial reason.

This was not a conduct case, which would require the employer to hold a reasonable belief that the employee was guilty of the misconduct in question.

L v K [2021] CSIH 35

https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2021csih35.pdf?sfvrsn=80e69f33_1