Senior teaching assistant dismissed for gross misconduct: school's decision upheld
A 72-year-old senior teaching assistant was fairly dismissed after sending an all-staff email with confidential information, posting derogatory Facebook comments, and writing a book critical of the school. The tribunal rejected claims of age discrimination, whistleblowing, and trade union victimisation.
1 min read · Last updated 18 May 2026
Case details
- #gross-misconduct
- #age-discrimination
- #whistleblowing
- #trade-union-representative
- #disciplinary-procedure
- #facebook-post
- #book-publication
Key facts
- The claimant was employed as a senior teaching assistant at Cathays High School from 1 September 2006.
- He was dismissed summarily on 22 April 2021 following a disciplinary hearing that found gross misconduct on several allegations.
- The allegations included sending an inappropriate email to all staff, disclosing confidential information, posting derogatory comments on Facebook, and writing a book critical of the school.
- The claimant was 72 years old at the time of the disciplinary action.
- He had previously raised a whistleblowing complaint in May 2019, which the Council did not accept as a protected disclosure.
- The claimant had been a trade union representative, but the tribunal found the email that led to dismissal was not sent in that capacity.
Timeline
-
Employment commenced
Claimant started work as a teaching assistant at Cathays High School, later promoted to senior teaching assistant.
-
Whistleblowing letter
Claimant wrote to the Director of Education alleging systematic ignoring of employment rights, seeking to initiate whistleblowing procedure.
-
RS1 form submitted
Claimant submitted a formal resolution complaint against Mr Wong and Ms Slade.
-
Letter to parents
Claimant wrote to parents of two boys after being told by headteacher she would handle the matter.
-
All-staff email sent
Claimant sent an email critical of senior management to all school staff, including confidential information about another employee.
-
Suspension
Claimant was suspended on eight allegations of misconduct.
-
Dismissal decision
Disciplinary panel found gross misconduct on several allegations and dismissed claimant summarily.
-
Appeal hearing
Appeal panel upheld dismissal after a full rehearing.
-
Claim presented
Claimant presented his claim to the Employment Tribunal.
-
Final hearing judgment
Tribunal dismissed all claims: unfair dismissal, age discrimination, automatic unfair dismissal for trade union activities and whistleblowing.
The legal issue
The tribunal had to decide whether the dismissal was unfair, whether it was directly discriminatory because of the claimant's age, whether it was automatically unfair due to his trade union role, and whether it was automatically unfair for making a protected disclosure.
The outcome
The tribunal dismissed all claims. It held that the school had a genuine belief in the claimant's gross misconduct following a reasonable investigation, and dismissal was within the range of reasonable responses. The age discrimination claim failed because the claimant did not provide evidence that age was a factor. The whistleblowing claim failed because the disclosure was not protected. The trade union claim was out of time and also not made out on the merits.
Lessons & takeaways
- Sending emails that disclose confidential information to all staff can amount to gross misconduct, even if you believe you are raising concerns.
- Age discrimination claims require evidence that age was a motivating factor; a claimant's age alone is not enough.
- To benefit from whistleblowing protections, the disclosure must be made in the public interest and to the right person.
- Trade union representatives are not immune from disciplinary action for conduct unrelated to their role.
- Representing yourself at tribunal is possible but challenging, especially when facing counsel.
What this case shows
A senior teaching assistant with 15 years' service was dismissed after a series of actions that the school considered gross misconduct. The tribunal found that the school's decision was fair, despite the claimant's age (72) and his history of raising concerns.
The case highlights the importance of maintaining professional boundaries, even when an employee feels strongly about workplace issues. The claimant sent an email to all staff that included confidential information about another employee, posted derogatory comments about the school on Facebook, and wrote a book critical of the school. These actions were found to be serious enough to justify summary dismissal.
What the school did right
The school conducted a thorough investigation, suspended the claimant, and held a disciplinary hearing where he was represented. An appeal panel reheard the case and upheld the decision. The tribunal noted that the school's procedures were fair and that the decision to dismiss was within the range of reasonable responses.
Why the other claims failed
The claimant argued that his age (72) was a factor in the decision, but the tribunal found no evidence to support this. The whistleblowing claim failed because the disclosure (a letter to the Director of Education) was not considered a protected disclosure under the relevant legislation. The trade union claim was dismissed partly because it was presented out of time and partly because the email that led to dismissal was not sent in his capacity as a union representative.
This case serves as a reminder that employees must follow proper channels when raising concerns, and that even long-serving staff can be fairly dismissed for gross misconduct.
Similar cases
Care home manager's whistleblowing claim fails as decision-maker unaware of disclosures
A care home manager who claimed he was automatically unfairly dismissed for raising concerns about resident safety lost his case. The tribunal found the decision-maker did not know about the disclosures and dismissed him for genuine belief in gross misconduct.
Dismissed for using visitor parking permits: a flawed process that cost the council £35,000
A deputy manager with 16 years' service was dismissed for gross misconduct over visitor parking permits. The tribunal found the process unfair and awarded £35,318.56, but rejected her whistleblowing claim.
Staff nurse's constructive dismissal claim over whistleblowing fails
A tribunal has dismissed all claims brought by a Band 5 staff nurse against Lewisham and Greenwich NHS Trust, including constructive dismissal, whistleblowing detriment, and discrimination on grounds of race, age, and religion.
Restaurant manager's constructive dismissal and race discrimination claim rejected
A restaurant general manager who resigned after a disciplinary process and alleged race discrimination has lost his claims of constructive dismissal and race discrimination at the Leeds Employment Tribunal.