Employment Law Case: Dumigan v The Mount School Ltd

In Dumigan v The Mount School Ltd, the employment tribunal held that a teacher was unfairly dismissed for failure to attend a staff meeting.

Mrs Dumigan was employed as a music teacher. On Saturday 11 December 2021, the school director instructed all members of staff via email to attend a meeting on the following Monday. Mrs Dumigan did not work on Mondays. She replied to say that she was unable to attend as she was meeting with her family that day, although she did not say that this was to discuss her mother’s cancer treatment.

The director stated that the staff meeting was not optional. After some repeated correspondence, he emailed Mrs Dumigan saying, “resignation accepted". Mrs Dumigan replied that she had not resigned at which point the director gave her formal notice to end her employment.

Mrs Dumigan brought claims for unfair and wrongful dismissal in the employment tribunal.

The tribunal found that the school had not acted reasonably in treating Mrs Dumigan’s failure to attend the staff meeting as a sufficient reason for dismissal. It had not carried out an investigation nor held a formal disciplinary meeting, therefore Mrs Dumigan was not given an opportunity to explain her version of events. The director took the attitude that he did not think this was necessary, stating, “I am the employer, the person that pays your wages”. He did not consider if his instructions were reasonable given that the meeting was at short notice and that Dumigan did not work on Mondays. No alternatives to dismissal were considered.

The tribunal upheld her claims and she was awarded compensation of £16,802.31, including a 25% uplift due to the school's failure to follow the ACAS Code of Practice.

This case highlights the importance of following a fair disciplinary procedure, particularly when seeking to dismiss for gross misconduct. Even where a fair reason is established, a dismissal may be unfair if there are procedural irregularities. HR Solutions can advise you on how to conduct a fair procedure and so minimise claims for unfair dismissal

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