What is Unfair Dismissal?
Unfair dismissal occurs when an employee is terminated from their job in a manner that breaches employment laws or the terms of their contract. According to UK employment law, a dismissal may be deemed unfair if the employer does not have a fair reason for the dismissal or fails to follow proper disciplinary and dismissal procedures.
Key factors that can contribute to a finding of unfair dismissal include:
- Lack of a Fair Reason: Employers must have a valid reason for dismissal, such as misconduct, capability, redundancy, or statutory restriction.
- Failure to Follow Proper Procedure: Even with a valid reason, employers must adhere to a fair process, including conducting thorough investigations and providing the employee with an opportunity to respond to allegations.
- Reasonableness of the Employer’s Actions: The dismissal must fall within the “band of reasonable responses” that a reasonable employer would consider in similar circumstances.
Understanding and adhering to these principles is crucial for employers to avoid legal challenges and ensure fair treatment of employees.
Case Study: Malabver-Goulbourne vs. Arbor Academy Trust
Here, we look at a recent case involving Ms. Malabver-Goulbourne, a former head teacher at a primary school in Hackney, east London, who was awarded £102,300 by the employment tribunal after being unfairly dismissed. Her case highlights important lessons for employers regarding fair dismissal practices and the implications of failing to adhere to legal standards.
Ms. Malabver-Goulbourne ordeal began on January 20, 2022, when she was seen preventing her three-year-old son from playing with hand sanitiser in her office.
The incident was witnessed by Ms. Bhagwandas, the school’s designated safeguarding lead, who claimed the child was hurt and filed an official complaint leading to Malabver-Goulbourne’s suspension and a police investigation. Despite the police deeming the act as “reasonable chastisement” and not warranting further action, the Trust’s investigation, led by child protection social worker Nick Pratt, concluded there was a case to answer.
In a disciplinary hearing on April 27, 2022, the panel decided to dismiss Malabver-Goulbourne, citing lost trust and confidence, with concerns about her response to similar actions by other parents. Her appeal in May 2022 was unsuccessful, with the panel asserting she breached safeguarding policies by using her parental approach.
However, in March 2024, Judge Julia Jones ruled the dismissal was outside the band of reasonable responses. The tribunal found that the Trust overly relied on Bhagwandas’s testimony and noted there was no evidence of physical chastisement or assault. The tribunal awarded Malabver-Goulbourne £102,300, including £93,900 for financial loss and £8,500 as a basic award, deeming the Trust’s actions unjustified.
Are you confident in your organization’s dismissal procedures?
The recent tribunal ruling in the case of Malabver-Goulbourne vs. Arbor Academy Trust underscores the importance of understanding and applying the ‘band of reasonable responses’ in employment decisions. Avoid the pitfalls that lead to costly litigation and reputational damage.
At Saxon HR, we specialise in providing tailored advice and support to ensure your HR policies and procedures are robust and compliant. Our team of experienced HR consultants can help you:
- Review and update your safeguarding and disciplinary policies.
- Train your staff on the legal frameworks and best practices in employee management.
- Conduct impartial investigations to ensure fair and lawful outcomes.
- Provide ongoing support to navigate complex HR challenges.
Don’t find yourself on the end of an unfair dismissal case!
If you are looking for HR support to avoid such costly litigation get in touch with us at on maria.wilson@saxonhrconsultancy.co.uk or call us on: 01795 390010