Respondent won Employment Tribunal · 29 November 2022

Headteacher with 18 years' service dismissed for safeguarding failures and misconduct

A headteacher who accepted vouchers without declaring them and breached suspension terms was fairly dismissed. The tribunal rejected her claims of unfair dismissal, race discrimination and victimisation.

1 min read · Last updated 18 May 2026

Case details

Key facts

  • The claimant was headteacher from 2010 until dismissal on 19 October 2019.
  • Exit interviews in July 2018 revealed staff complaints about bullying and safeguarding concerns.
  • The respondent suspended the claimant on 20 July 2018 after LADO involvement.
  • An investigation by Daniella Glynn found 17 allegations of misconduct to proceed to a disciplinary hearing.
  • The disciplinary panel upheld 11 allegations, including failures in safeguarding, accepting vouchers without declaration, and breaching suspension terms.
  • The appeal panel upheld the dismissal, finding no evidence of race discrimination.

Timeline

  1. Employment started

    Claimant began working at the respondent as a senior teacher.

  2. Became Headteacher

    Claimant was appointed Headteacher of Mayville Primary School.

  3. Governors' meeting on staff turnover

    Meeting discussed high staff turnover; exit interviews were planned.

  4. Exit interviews conducted

    Mr Harding and Dr Smart conducted exit interviews with departing and current staff.

  5. Claimant suspended

    Claimant was suspended following LADO advice due to safeguarding concerns.

  6. Investigation meeting

    Claimant attended investigation meeting with trade union representative.

  7. Disciplinary hearing started

    Disciplinary hearing began, lasting three days.

  8. Dismissal decision

    Claimant was notified of summary dismissal for gross misconduct.

  9. Appeal lodged

    Claimant appealed against dismissal.

  10. Appeal hearing

    Appeal hearing took place remotely; decision upheld dismissal.

The outcome

The tribunal dismissed all claims. It held that the headteacher was fairly dismissed for gross misconduct.

The key reasons were:

  • The employer had a genuine belief in the misconduct based on a thorough investigation.
  • The disciplinary panel reasonably upheld 11 allegations, including failures in safeguarding, accepting vouchers without declaration, and breaching suspension terms.
  • The appeal process was fair and upheld the dismissal.
  • There was no evidence of race discrimination or victimisation.

No compensation was awarded as the respondent won.

Lessons & takeaways

  • Employers should conduct a thorough investigation before dismissing for gross misconduct, especially for long-serving employees.
  • Safeguarding failures in schools are treated very seriously and can justify summary dismissal.
  • Accepting gifts or vouchers without declaring them can amount to gross misconduct, even if the value is small.
  • Breaching suspension terms, such as contacting witnesses, is a serious disciplinary offence.
  • Race discrimination claims require evidence of less favourable treatment because of race; a fair process and reasonable belief in misconduct will defeat such claims.

A long-serving headteacher dismissed for multiple failings

This case shows how even a headteacher with 18 years' service and a strong track record can be fairly dismissed when there are serious concerns about safeguarding and conduct. The tribunal heard that exit interviews in July 2018 revealed staff complaints about bullying and safeguarding issues, leading to suspension and a detailed investigation.

The investigation found 17 allegations of misconduct, of which 11 were upheld by a disciplinary panel. These included failures in safeguarding procedures, accepting vouchers from a supplier without declaring them, and breaching the terms of her suspension by contacting a witness. The panel decided that these amounted to gross misconduct justifying summary dismissal.

What the employer did right

The employer, Urbis Academy Trust, followed a thorough process. It involved the Local Authority Designated Officer (LADO) from the start, appointed an independent investigator, and gave the headteacher a full opportunity to respond. The disciplinary and appeal panels were properly constituted and considered all evidence. The tribunal noted that the employer's belief in the misconduct was genuine and based on a reasonable investigation.

Why the discrimination claims failed

The headteacher also claimed that she had been subjected to direct race discrimination and victimisation. However, the tribunal found no evidence that her race played any part in the decision to dismiss. The process was applied consistently, and the decision-makers were not motivated by racial considerations. The claim of victimisation also failed because there was no protected act or detrimental treatment linked to it.

What this means for similar cases

This case is a reminder that schools and other employers must take safeguarding concerns seriously and act on them. A fair investigation and disciplinary process will protect the employer from successful unfair dismissal claims, even when the employee has long service. It also highlights that employees in senior roles must comply with all policies, including those on gifts and hospitality, and with suspension terms.

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