Teacher dismissed over pupil allegations wins unfair dismissal claim after flawed investigation
A teacher with five years' service was unfairly dismissed after the school failed to properly investigate allegations made by pupils. The tribunal awarded £44,868.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #inadequate-investigation
- #failure-to-disclose
- #pupil-allegations
- #career-ending
Key facts
- The claimant was employed as a teacher of maths and computing from March 2017 to 19 February 2022.
- He was suspended on 28 June 2021 following allegations of inappropriate conduct from pupils.
- The police decided not to proceed with charges on 3 March 2022.
- The claimant was dismissed for gross misconduct on 19 February 2022 after a disciplinary hearing.
- The tribunal found the investigation was unfair and the dismissal was unfair.
- Compensation was agreed at £44,868.
Timeline
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Employment started
Mr Hawker began working as a teacher of maths and computing at Devonport High School for Girls.
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First report of allegations
Student N reported that Student H said Mr Hawker touched her leg.
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Suspension and initial statements
Mr Hawker was suspended. Statements were taken from students D, E, F, and G.
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Older girls' report
Two older students reported that a group of younger girls said they fabricated allegations to get Mr Hawker fired.
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Arrest
Mr Hawker was arrested on suspicion of sexual activity with a child in a position of trust.
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Internal investigation commissioned
Mrs Bell initiated an internal investigation, which was carried out by Mrs Harriet Morgan.
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Interim Prohibition Order
The Teaching Regulation Agency imposed an Interim Prohibition Order preventing Mr Hawker from teaching.
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Disciplinary hearing
A disciplinary panel chaired by Mrs Grimes heard the case.
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Dismissal
Mr Hawker was dismissed for gross misconduct.
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Police drop charges
The police decided not to proceed with charges against Mr Hawker.
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Interim Prohibition Order lifted
The Teaching Regulation Agency lifted the Interim Prohibition Order.
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Appeal hearing (part 1)
The appeal hearing began, chaired by Ms Adkins.
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Appeal hearing (part 2)
The appeal hearing continued in Mr Hawker's absence.
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Appeal dismissed
The appeal panel upheld the dismissal.
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Tribunal hearing begins
The employment tribunal heard the case over five days.
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Judgment
The tribunal found the dismissal unfair and ordered payment of £44,868.
The legal issue
The tribunal had to decide whether the school acted reasonably in dismissing the teacher for gross misconduct based on pupil allegations, specifically whether it had a genuine belief in the misconduct following a fair investigation.
The outcome
The tribunal found that the teacher was unfairly dismissed. The school's investigation was flawed because it did not properly address evidence from older students who reported that a group of younger girls said they had fabricated the allegations to get the teacher fired. The disciplinary panel also failed to consider this evidence adequately.
Compensation was agreed at £44,868.
Lessons & takeaways
- Employers must conduct a thorough investigation that considers all relevant evidence, including evidence that may undermine the allegations.
- When allegations involve multiple pupils, it is important to investigate reports that some pupils may have fabricated the claims.
- A dismissal based on an incomplete investigation is likely to be found unfair, even if the employer genuinely believes in the misconduct.
- Schools and other employers should ensure that disciplinary panels are properly trained to evaluate evidence and follow fair procedures.
A flawed investigation led to unfair dismissal
This case highlights the importance of a fair and thorough investigation before dismissing an employee for gross misconduct. The teacher, who had worked at the school for five years, was suspended after pupils alleged inappropriate conduct. However, the school's investigation failed to properly consider evidence from older students who reported that the allegations were fabricated.
What the employer could have done differently
The school could have avoided the unfair dismissal finding by ensuring that the investigating officer and disciplinary panel gave proper weight to the evidence from the older pupils. The tribunal noted that this evidence was relevant and should have been explored further. A more balanced investigation would have allowed the employer to make a fairer decision.
Why this matters for similar claims
This case serves as a reminder that employers must not rush to judgment when faced with serious allegations. A fair investigation requires considering all available evidence, including evidence that may cast doubt on the allegations. Failure to do so can result in a finding of unfair dismissal and significant compensation.
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