The Employment Appeals Tribunal (EAT) has held that adverse treatment of a gay headteacher constituted constructive dismissal and sexual orientation discrimination.
The Tywyn Primary School v Aplin case heard that Mr Aplin, an openly gay headteacher, met two 17-year-old males on the Grindr app and the three of them had sex. The Local Authority set up a Professional Abuse Strategy Meeting which concluded that no criminal offence had been committed and no child protection issue arose.
Nevertheless, the school brought disciplinary proceedings and dismissed Mr Aplin. However, there were procedural errors amounting to a breach of the implied term of trust and confidence. Mr Aplin appealed against the dismissal, meaning his contract continued, but there were further procedural errors in the process. Before the appeal hearing, Mr Aplin resigned and claimed constructive dismissal. He subsequently claimed unfair dismissal and sexual orientation discrimination.
The Employment Tribunal found that the continuing procedural errors in connection with the appeal entitled Mr Aplin to resign and his claim of unfair constructive dismissal therefore succeeded.
On the discrimination claim, the tribunal found that the way he had been treated gave rise to a reversal of the burden of proof and that, in relation to the investigating officer, that burden was not satisfied and he had been subjected to sexual orientation discrimination.
The EAT dismissed the appeal by the school.
