Medical reason for conduct

Case 1: The facts

Disciplinary proceedings were brought against teacher Mr Clarke for inappropriate conduct of a sexual nature. There was evidence that his behaviour may have been caused by a medical condition, and his union rep asked for the matter to be dealt with as one of ill health rather than discipline, in accordance with the school’s existing policy. The head teacher made a referral to occupational health but went ahead and dismissed Clarke before an assessment was made.

The ruling

The Employment Appeal Tribunal upheld an employment tribunal’s finding that the dismissal was unfair. Although the school was entitled to deal with the issue as one of misconduct, it said, a reasonable employer would have put the disciplinary proceedings on hold pending a health assessment to see whether there was a medical or psychological cause that could have been adequately treated.