Reasonableness of dismissal

Case 10: The facts

Teacher Ms McCarthy was dismissed following complaints from parents; this was her first offence and she had no disciplinary record. She admitted shouting at pupils and sending them out of her class, conduct that her head teacher was aware of and had never warned her against. McCarthy, who had 30 years' teaching experience, had not been appraised during her time with the school and had received minimal training. She claimed unfair dismissal.

The head teacher accepted at the tribunal hearing that, if McCarthy had been given a final written warning instead of being dismissed, he was satisfied she would not have done it again. The tribunal found her dismissal unfair, but reduced her compensation by a third for contributory fault. The school said the tribunal should not have taken the views of the head teacher, who was not her employer, into account.

The ruling

The Employment Appeal Tribunal dismissed the school's appeal and upheld the unfair dismissal finding. It said the tribunal was entitled to take the head teacher's views into account, and held that McCarthy's length of service, clean disciplinary record and lack of appraisal or training were all relevant considerations.

St Thomas Garnett School Association Ltd v McCarthy EAT/0259/06