Decision date
26 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Wilkinson
Case Summary
The claimant, a head teacher, was dismissed for making racial and discriminatory comments to students on 2 May 2025. The tribunal found the dismissal was fair, holding that the respondent had a genuine belief in the misconduct, reasonable grounds for that belief, conducted a reasonable investigation, and that dismissal was within the range of reasonable responses for gross misconduct by a head teacher in an Islamic school. Both claims (unfair dismissal and wrongful dismissal) were dismissed.
Why this outcome?
Dismissal found fairThe tribunal found the dismissal fair because the respondent genuinely believed in the claimant's misconduct (racial and discriminatory comments), held that belief on reasonable grounds based on the recording and the claimant's admissions, conducted a reasonable investigation, and dismissal was a reasonable response within the range of reasonable responses for a head teacher making such comments in an Islamic school setting, which could cause reputational harm.
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Key Issues
- •Whether dismissal for gross misconduct (racial and discriminatory comments made on 2 May 2025) was fair under section 98 ERA
- •Application of Burchell test to conduct dismissal
- •Whether respondent carried out reasonable investigation
- •Whether dismissal was within range of reasonable responses
- •Procedural fairness of appeal process
- •Disparity of treatment with comparator (Sofina Bibi)
- •Wrongful dismissal claim regarding notice pay
Original published judgment
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Case Details
- Case No.
- 6025015/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 26 May 2026
- Published
- 25 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Wilkinson