In The Governing Body of Tywyn Primary School v Alpin,
the UK Employment Appeal Tribunal
("EAT") recently ruled that the adverse
treatment of a gay teacher, in the context of a disciplinary
process, constituted constructive dismissal and discrimination on
the grounds of his sexual orientation, largely by reason of process
failures on the part of the employer in the manner in which it
conducted the disciplinary process.
Background
The claimant was employed as head teacher in a primary school in
the UK. In 2015, he contacted two 17 year old boys on social media
and, after two meetings, the three of them had sex together. The
matter came to the attention of the police and the local authority,
who held two Professional Abuse Strategy Meetings
("PASMs") with the school. It was
established that no criminal offence had been committed and that no
child protection issue arose. Nevertheless, the school commissioned
an investigation and an employee of the local authority
