Skip to content

Employment Law Speed Read – 19/03/18

Following the decision of the Supreme Court in Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16, this week's speed read discusses whether it is fair to dismiss a school employee for failing to disclose a relationship with someone convicted of a serious criminal office.

Reilly v Sandwell Metropolitan Borough Council

Reilly was the head teacher of a primary school within the Respondent local authority. She had been qualified as a teacher for over 25 years and had an exemplary disciplinary record. She had a close, non-romantic relationship with a man who had been convicted of making indecent images of children.

Reilly was under a contractual duty to assist the school in discharging its duty to safeguard the pupils. Upon discovering this, the school placed Reilly on suspension and thereafter dismissed her. The school considered that the relationship engaged her contractual obligations, and the school’s safeguarding duties, and that failure to disclose the relationship amounted to a breach of such obligations.

Reilly brought an unfair dismissal claim on the basis that she was under no duty to disclose the relationship. The Tribunal accepted that the dismissal was procedurally unfair due to the unsatisfactory appeal hearing Reilly received (a fact that the Supreme Court later called “irrelevant”), but not in any other respect. The Tribunal therefore applied a 90% Polkey reduction, and in any event, reduced the compensation by 100% in light of Reilly’s contributory fault.

Her appeals were dismissed at the Employment Appeal Tribunal and Court of Appeal.

Decision

The Supreme Court upheld the Tribunal’s view that the failure to disclose the relationship, justified dismissal. In addition, Lord Wilson commented that her failure to accept her breach of duty showed a “continuing lack of insight which, as it was reasonable to conclude, rendered it inappropriate for her to continue to run the school.”

Effect

These cases are often fact sensitive, however, the case highlights that schools may be entitled to dismiss employees for gross misconduct if it is found that they have breached their contractual duty to assist their employer with their safeguarding duty.

It is therefore important that staff members fully disclose all relationships that could affect their safeguarding duties and operations.

Schools should also ensure that they comply with:

Department for Education statutory guidance “Keeping Children Safe in Education” and
Department for Education guidance “Disqualification under the Childcare Act 2006“.

If you have any questions on the above and how it will affect you, please do not hesitate to get in touch with a member of our employment team or our education team.

Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.

This page may contain links that direct you to third party websites. We have no control over and are not responsible for the content, use by you or availability of those third party websites, for any products or services you buy through those sites or for the treatment of any personal information you provide to the third party.

Continue reading for free

This article is from our dedicated employment hub HR Protect. Please visit the hub to view the full article, completely for free.

Take me there

Follow us on LinkedIn

Keep up to date with all the latest updates and insights from our expert team

Take me there

What we're thinking