Source: All England Reporter
Publisher Citation: [2012] All ER (D) 310 (Oct)
Neutral Citation: UKEAT/0155/12
Court: Employment Appeal Tribunal

Lady Smith, Mr B Gibbs and Mrs D Palmer

Representation Oliver Hyams (instructed by Robinsons Solicitors) for the employees.
  Richard Hignett (instructed by Freeth Cartwright LLP Solicitors) for the employers.
Judgment Dates: 23 October 2012


Employment - Unfair dismissal - Dismissal - Employees being school drama teachers - Employees staging performance by GCSE students including graphic descriptions of sexual intercourse; rape and oral sex - Employees dismissed for gross misconduct - Employees appealing to employment tribunal - Employment tribunal upholding claim - Employers appealing - Whether tribunal erring.

The Case

Employment Unfair dismissal. The employees were school drama teachers responsible for the performance of drama production by GCSE students. They staged a performance by the students which included graphic descriptions of sexual intercourse, rape and oral sex. The employees were dismissed for gross misconduct. The employment tribunal upheld their claim for unfair dismissal. The employers appealed. The Employment Appeal Tribunal, in allowing the appeal, held that the tribunal's decision was perverse and it remitted the case for a fresh tribunal for a rehearing.

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