Assistant headteacher dismissed for sending sexual message to child under duress from coercive partner

This case shows how employment tribunals balance serious misconduct against mitigating factors like duress and disability. The assistant headteacher, with 12 years' unblemished service, sent a single sexual message to someone she believed was under 18, under pressure from a coercive partner who threatened her and her children's lives. She also failed to report the incident for 18 months, until the police became involved.

What the employer could have done differently

The school's investigation had procedural flaws, including delays and reliance on a multi-agency process that was not designed for disciplinary purposes. However, the disciplinary panel independently considered the evidence and decided that dismissal was the only appropriate outcome. The tribunal noted that a reasonable employer could have reached the same decision, given the gravity of the safeguarding breach.

Why the result matters

This decision reinforces that even in cases with significant mitigating factors—duress, disability, long service—employers can dismiss for gross misconduct if the conduct fundamentally breaches trust and safety. The tribunal emphasised that the claimant's failure to report the message was a separate and serious failing. For employees in safeguarding roles, this case is a stark reminder that reporting obligations are paramount, and that duress, while relevant, does not automatically excuse misconduct.