Social media post and philosophical belief
The case of Mr Sheward v Great Learners Trust explores whether the belief that appalling behaviour of pupils may not be attributable to an additional need is a philosophical belief and the perils of such an opinion being posted on social media.
Social media post
Mr Sheward was employed as a midday supervisor and a learning support assistant. In September 2023, he commented on a post within the Facebook Group ‘Teaching Assistants UK’, referring to pupils as ‘ill-disciplined feral brats’ and referring to inclusion as akin to communism. A screenshot of the comment was sent to the school expressing shock that a member of staff had posted such a comment about SEN pupils.
Disciplinary investigation
Mr Sheward was called to a meeting to discuss the comment, following which he was signed off sick for one month. Following advice from the LADO and HR, he was informed a formal investigation would be undertaken.
Resignation
In the meantime, Mr Sheward attended an interview on 4 October 2023 and submitted his resignation later that day. In response to a request for a reference from the prospective employer, the school confirmed they were unable to provide a reference due to the ongoing investigation. This resulted in the withdrawal of the job offer to Mr Sheward.
First written warning
The matter proceeded to a disciplinary hearing which concluded after Mr Sheward’s employment had ended. Had he remained at the school he would have received a first written warning having been found to have breached the school’s code of conduct and social media policy.
Philosophical belief
Mr Sheward brought claims within the employment tribunal (ET) for constructive dismissal and direct discrimination because of his belief. His belief being ‘We have poorly behaved children in the school. They may have undiagnosed additional needs or they may not. But their appalling behaviour may not be attributable to an additional need.’ Mr Sheward went on to explain that ‘SEN is being routinely used as an excuse for violent outbursts and failure or unwillingness to comply with instructions…’ He further referred to his belief that some children are just badly behaved, and it was purely down to how they were brought up.
The ET held Mr Sheward’s belief represented a ‘series of reactive opinions, grounded in his own experience of challenging behaviour and dissatisfaction with how his school addressed it’. It was therefore found not capable of constituting a philosophical belief for the purposes of the Equality Act because the belief must be more than an opinion based on present information. In addition, the belief did not meet the requirement of cogency and cohesion as his stance on his belief shifted during evidence and on his own account was simply a practical objection to dealing with certain unacceptable behaviours in his workplace.
Constructive dismissal
Mr Sheward’s constructive dismissal claim was also dismissed. The ET found the school acted reasonably in carrying out an investigation and was therefore not a breach of the implied term of trust and confidence. It was concluded Mr Sheward resigned to avoid a disciplinary process rather than in relation to any breach by the school.
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