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£646,000 awarded for discrimination arising from disability

In City of York Council v Grosset, Grosset (G), a teacher, suffers from cystic fibrosis; this worsened when he could not cope with his increased workload, which in turn increased his level of stress.
homophobic

In City of York Council v Grosset, Grosset (G), a teacher, suffers from cystic fibrosis; this worsened when he could not cope with his increased workload, which in turn increased his level of stress. During this time G showed a class of 15- year-olds an 18-rated horror film, Halloween, without the school’s approval or gaining parental consent. The school did not accept G’s explanation that his actions had been a result of an error of judgment brought on by stress and he was summarily dismissed for gross misconduct. The Court of Appeal held that G had been discriminated because of something arising in consequence of his disability. G was dismissed because he had shown the film, his actions arose from his disability and there is no requirement under S.15 of the Equality Act 2010, as the school argued, that liability can only arise where the employee can show that the employer was aware that misconduct occurred in consequence of his or her disability. The BBC have subsequently reported that City of York Council has been ordered to pay G £646,000 compensation.


This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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