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Dismissal of teacher suspected of possessing indecent images but not yet prosecuted could be fair SOSR dismissal (L v K)

Published on: 24 August 2021
Published by: LexisPSL
  • Dismissal of teacher suspected of possessing indecent images but not yet prosecuted could be fair SOSR dismissal (L v K)
  • What are the practical implications of this judgment?
  • What is the relevant background?
  • Background law
  • Background facts
  • The decision of the employment tribunal
  • The decision of the EAT
  • What did the Court of Session decide?
  • Case details

Article summary

Employment analysis: The dismissal of a teacher who has been charged with, but not prosecuted for, the serious criminal offence of possession of indecent images of children could be a dismissal for some other substantial reason (SOSR) and, even though the employer had insufficient evidence to conclude that the employee was guilty of the offence, the dismissal was fair, according to the Inner House of the Court of Session, overturning the decision of the EAT. or take a trial to read the full analysis.

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