In City of York v Grosset the Court of Appeal has held that it was an act of discrimination to dismiss a teacher who showed the 18 rated horror film, Halloween, to a class of 15 year olds. The class was described as a “nurture group", some of whom had been involved in self-harming activities using blades.
Although at first glance the Court of Appeal’s decision seems surprising, it is logical. The claimant, an English teacher, had cystic fibrosis; he had to undertake an extremely time-consuming exercise regime and was under an increasing workload. Showing the film in order to discuss “the construction of narrative” he admitted was an error of judgement. However his decision was affected by the severe stress he was under.
The Court of Appeal held that the school’s knowledge of his disability-related stress was sufficient to trigger possible “discrimination arising from disability”. It was not necessary for the school also to have known that his decision to show the film arose from his disability. Instead an objective test applied. He was treated unfavourably because he had shown the film and that showing of the film was a consequence of his disability.
The Court of Appeal agreed that the act of dismissal was not justified. For example, at the initial hearing, the employment tribunal had suggested a written warning would have been more appropriate. Employers should carefully consider whether safeguards and warnings are sufficient to protect others in the workplace. At times a dismissal might become necessary but hasty actions and assumptions are dangerous.
