i-law

Liability Risk and Insurance

Unfair dismissal and common law issue

A teacher who was suspended for four years and then dismissed for allegedly acting in a sexually inappropriate way with some girl pupils, won statutory compensation for unfair dismissal. During the four years he developed psychiatric problems caused by the disciplinary process, and sued for damages. The judge rejected the claim because of the dismissal, which excluded a claim at common law. The Court of Appeal allowed the appeal on the grounds that the dividing line between the statutory unfair dismissal jurisdiction and the common law jurisdiction should be decided case by case.

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