Respondent won Employment Tribunal · 2 October 2023

Maths teacher dismissed for sharing personal number and test paper with student

A maths teacher with three years' service was fairly dismissed for gross misconduct after sharing his personal mobile number and a test paper with a student, and sending over 50 emails to students outside school hours. The Employment Tribunal upheld the dismissal.

1 min read · Last updated 19 May 2026

Case details

Key facts

  • The claimant shared his personal mobile phone number with student A on 14 June 2022 without authorisation.
  • The claimant sent over 50 emails to three students outside school hours over three months.
  • The claimant provided a maths test paper to student A, giving her an unfair advantage.
  • The claimant continued overfamiliar communications after being advised to adopt a more professional approach.
  • The claimant entered a private area to speak with student A on 30 June 2022 despite being told not to.

Timeline

  1. Employment commenced

    The claimant started working as a maths teacher at Lyndon School.

  2. Safeguarding training completed

    The claimant completed safeguarding training stating it is unacceptable to communicate with children via mobile phone or social media.

  3. Maths paper emailed to student A

    The claimant emailed a maths test paper to student A, who was not in his class.

  4. Personal mobile number shared

    The claimant emailed his personal mobile phone number to student A.

  5. Student A raised oral complaint

    Student A complained to the pastoral manager about the claimant's behaviour.

  6. Discussion with safeguarding lead

    The claimant spoke with Sarah Bloomer but did not disclose sharing his mobile number.

  7. Personal email shared with students B and C

    The claimant sent his personal email address to students B and C.

  8. Incident in pastoral room

    The claimant entered a private area to speak with student A despite being advised not to.

  9. Formal complaint by student A

    Student A made a formal complaint about the claimant.

  10. Suspension

    The claimant was suspended on full pay pending investigation.

  11. Disciplinary hearing

    A disciplinary panel chaired by Ms Devi heard the case.

  12. Dismissal for gross misconduct

    The claimant was summarily dismissed.

  13. Appeal lodged

    The claimant appealed the dismissal.

  14. Tribunal judgment

    The Employment Tribunal dismissed the unfair dismissal claim.

The outcome

The tribunal dismissed the claim of unfair dismissal.

It found that Summit Learning Trust genuinely believed the claimant had committed gross misconduct, had reasonable grounds for that belief, and had carried out a reasonable investigation. The disciplinary panel considered the seriousness of the conduct, including the sharing of a personal mobile number, providing a test paper, and over 50 emails to students outside school hours, all of which breached safeguarding policies. The appeal process was also fair.

No compensation was awarded as the claim failed.

Lessons & takeaways

  • Teachers and other professionals working with children must strictly adhere to safeguarding policies, including not sharing personal contact details with students.
  • Repeated breaches of professional boundaries, even if well-intentioned, can amount to gross misconduct and justify summary dismissal.
  • Employers should ensure they follow a fair investigation and disciplinary process, including giving the employee an opportunity to respond and offering an appeal.

When professional boundaries are crossed

This case highlights the importance of maintaining clear professional boundaries between teachers and students. The maths teacher, who had been employed for three years, began communicating with a student outside of school hours via email, eventually sharing his personal mobile number and a maths test paper. These actions were in direct contravention of the school's safeguarding training and disciplinary policy, which explicitly stated that such behaviour was unacceptable.

What the employer did right

Summit Learning Trust acted promptly once a formal complaint was made. The teacher was suspended, an investigation was carried out, and a disciplinary hearing was held. The panel considered the evidence, including the teacher's own admissions, and concluded that the conduct amounted to gross misconduct. The teacher was given the opportunity to appeal, which was also properly considered. The tribunal found that the employer's process was fair and that dismissal was a reasonable outcome given the seriousness of the breaches.

What this means for similar claims

For employees in roles with clear safeguarding responsibilities, this case serves as a reminder that even a single breach of policy can have serious consequences. For employers, the decision underscores the importance of having clear policies, providing training, and following a thorough procedure when misconduct is alleged. The tribunal's decision to uphold the dismissal shows that courts will respect an employer's decision when it is based on a reasonable investigation and falls within the range of reasonable responses.

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