Unfair Dismissal Case

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

In the case of Riley –v- Sandwell Metropolitan Borough Council, Mrs Riley was a Head Teacher of a primary school who had formed a close relationship with a  man who was convicted of making indecent images of children.   She was fully aware of his arrest and subsequent conviction, but had not disclosed these facts to her employer.

Once the school learnt of her relationship and his conviction, she was suspended and eventually dismissed for failing to disclose the information but refusing to accept that she had made a serious error in not doing so.  The Claimant pursued a claim of unfair dismissal arguing that she was under no duty to disclose the relationship that she had with this individual.

Her claims were rejected by the Tribunal, EAT and the Court of Appeal, but then still not being satisfied, she went off to the Supreme Court and the Supreme Court agreed with the decisions that had been made to date and said her conduct did merit dismissal.

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