Dismissal Of Teacher Suspected Of Possession Of Indecent Images Of Children Was Fair

• Published date: 09 September 2021
• Subject Matter: Employment and HR, Unfair/ Wrongful Dismissal, Employee Rights/ Labour Relations
• Law Firm: Trowers & Hamlins
• Author: Ms Emma Burrows and Nicola Ihnatowicz

The Inner House of the Court of Session has held that the dismissal of a teacher who had been charged with possession of indecent images of children, but not prosecuted, was fair where the dismissal was based on "some other substantial reason" (SOSR) in L v K.

The teacher lived with his son and both were charged with possession of a computer containing indecent images of children under section 52A of the Civic Government (Scotland) Act 1982. No criminal proceedings were brought against either, but the right to prosecute was reserved. The teacher informed the head teacher of the school where he was employed, and was then invited to an investigatory hearing at which he confirmed that a computer with indecent child images had been in his possession and that his son had access to the computer. A disciplinary hearing then took place. The letter inviting the teacher to the hearing stated that the reason for the hearing was the police investigation into illegal child images on the computer found in the teacher's home and its relevance to his employment as a teacher. Due to the seriousness of the allegations it was made clear that dismissal might be considered.

At the disciplinary hearing the teacher confirmed that he had the computer in his home, that he did not know how the images had come to be there, and that both his son, and his son's friends, had access to it. Although it could not be confirmed that the teacher downloaded the images, the incident gave rise to safeguarding concerns and to reputational risk. It was concluded that the teacher posed an unacceptable risk to children and he was dismissed. He did not appeal against his dismissal, but subsequently brought a...