A DISABLED teacher sacked for gross misconduct after showing pupils aged 15 and 16 the 18-rated horror film Halloween is set to collect more than £600,000 compensation from City of York Council after winning the latest round of a legal fight.
Philip Grosset, who suffers from cystic fibrosis, took legal action against the council after claiming that governors unfairly dismissed him from his job as head of English at Joseph Rowntree School four years ago.
He said he made an "error of judgment" showing the film to the class because he was under a "high level of stress" as a consequence of his disability.
Employment tribunal judges ruled in his favour and concluded that the decision to sack Mr Grosset was a breach of equality legislation.
They said "reasonable adjustments" could have been made to reduce "work pressure" on him.
Now three Court of Appeal judges have dismissed an appeal by council bosses.
Lady Justice Arden, Lord Justice Sales and Lord Justice Peter Jackson ruled against City of York Council on Tuesday after analysing evidence at a Court of Appeal hearing in London in April.
They said tribunal judges had been entitled to reach decisions they reached.
Lawyers representing all sides previously agreed that Mr Grosset should get £646,000 compensation if he won.
Jon Stonehouse, director of children, education and communities at City of York Council, said: “We hold safeguarding pupils and the highest professional standards as a priority in our schools.
“The school’s governing body considered all the information available to it before deciding to dismiss a teacher who had shown an 18 certificate film with scenes of extreme violence and horror to a class of 15 year olds including some vulnerable young people.
“Six months after the dismissal, a doctor’s letter relating to the teacher but not previously shown to the school, was submitted to an employment tribunal and this was used to come to the final judgement.”
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