In Tywyn Primary School v Aplin, the Employment Appeal Tribunal (‘EAT’) has upheld the employment tribunal’s decision that the treatment of a gay Head Teacher amounted to constructive unfair dismissal and sexual orientation.
Mr Aplin was an openly gay Head Teacher. He met two 17 year old males on Grindr and the three of them had sex. The Local Authority concluded that no criminal offence had been committed and no child protection issue arose. The School dismissed Mr Aplin. There were procedural errors and Mr Aplin appealed against the dismissal (which in this case meant that his contract of employment continued). Following further procedural errors, he resigned prior to the appeal hearing and claimed constructive unfair dismissal. He also claimed unfair dismissal and sexual orientation discrimination.
The employment tribunal found that he resigned rather than being dismissed and that he had been constructively unfairly dismissed. The tribunal also found that he had been subjected to sexual orientation discrimination as adequate explanations for his actions had been given.
The School appealed, and the appeal was dismissed by the EAT.