Fair dismissal for inappropriate and offensive comments

Mr M J Holland v Great Academies Education Trust

Mr Holland started employment with the trust as a mathematics teacher in November 2018. He was fully aware of the policies and procedures in place in respect of behaviour and treating all pupils with dignity and respect.

Student complaints

In March 2022, the following was alleged to have been said by Mr Holland to his students –

“In 10 years’ time when we meet again your gonna have 9 kids to 9 different dads” and “Bet you have loads of boyfriends with your looks…you’ll have 7 kids with 10 baby dads”.

He was also accused of calling the students beautiful and mocking one with a brace by calling her “Jaws”. Mr Holland was told to be mindful of his comments, and no action was taken.

Complaints continued against Mr Holland, included him mocking a student with mental health issues about his girlfriend, saying to his girlfriend “you could do better”. He was also witnessed calling other students names such as “Hideous”, “The Liar” and “Football girl”.

Investigation meeting

In November 2022, Mr Holland was invited to an investigation meeting. In his response, he stated he was trying to build relationships and build confidence.

Inappropriate comments

Further complaints were received in December, including telling Muslim students that there was no such thing “as the Kuran” and one student claiming “being gay or trans is not allowed in our religion but Mr Holland said it doesn’t say it in the Quran and it’s not true…he’s saying the Quran is wrong”. He was also reported for making comments about a student’s hijab, calling her a nun, and asking if she has a bomb in it. He also referred to another student as a “young dumb attractive woman”.

Work from home

Mr Holland was asked to work from home pending an investigation. Mr Holland denied some of the allegations and he was later signed off with low mood and stress. Throughout the disciplinary process his story changed about some of the complaints, although this may have been attributed to his memory as time went on or his ill-health.

Disciplinary hearing

A disciplinary hearing took place in September 2023, to consider five allegations of inappropriate interaction and inappropriate comments and behaviours relating to race and religion and of a sexual and personal nature.

Gross misconduct

The panel found he had created a culture of inappropriate name-calling, showed a lack of cultural sensitivity and awareness, and showed poor judgment which breached the Teaching Standards and Codes of Conduct. He was dismissed for gross misconduct.

After an unsuccessful appeal, Mr Holland brought a claim within the employment tribunal (ET) for unfair dismissal. The ET found the dismissal to be within the band of reasonable responses and his claim was dismissed.

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