A senior teacher at a non-public faculty attended by Princes William and Harry who was sacked after he ‘fell asleep in class’ has successfully sued for disability discrimination.
Wetherby Prep School for Boys’ Head of RE Jason Smith noticed his 16-year-career at the varsity dropped at an finish after bosses mentioned his absences and behaviour had been having a ‘detrimental influence’ on the £27,000-a-year institution.
His ‘unacceptable’ behaviour included ‘falling asleep in class’ – which an investigation report discovered he had finished on 4 events in one tutorial yr in entrance of boys and employees – together with for roughly 10 minutes throughout a lesson in February 2022.
An employment tribunal was instructed that Mr Smith mentioned these claims weren’t true and that he gave ‘varied excuses’ as to why employees members had seen him along with his eyes closed in classes.
The teacher is now in line for compensation after successfully suing the prep faculty’s homeowners Alpha Plus for disability discrimination and unfair dismissal with an employment decide ruling he had been sacked ‘with out being heard’.
The teacher instructed the tribunal that the varsity’s administration made him really feel like a ‘illness’ for lacking work attributable to anxiousness and depression.
The Notting Hill faculty – which describes itself as one of the crucial ‘sought-after prep colleges’ in London – educated the Prince of Wales, Duke of Sussex in addition to Romeo and Cruz Beckham.
Wetherby Prep School in Notting Hill (Pictured) educated the Prince of Wales, Duke of Sussex in addition to Romeo and Cruz Beckham
The tribunal in central London heard Mr Smith started working at the varsity in September 2006 and initially had a ‘glowing report’ with college students attaining ‘glorious’ outcomes in his units, the tribunal mentioned.
He was described as being ‘passionate in regards to the well-being of the boys’ and a classroom commentary of his college students mentioned their ‘enthusiasm was infectious’ and the ‘studying ambiance was glorious’.
In January 2020, the teacher suffered a ‘breakdown in his private relationship’ and because of this, he was off sick intermittently for a complete of 18 days in the primary three months of the yr.
He was referred to occupational well being and the teacher was discovered to have an underlying situation of tension and despair – and suffered from poor sleep attributable to his psychological well being.
He was signed off work however returned to his job with out notifying the varsity in September 2021.
The tribunal mentioned: ‘As far as he was involved, he had made it clear at the top of the summer season time period that he wished to return.
‘His physician had instructed him it was pointless to offer a observe stating he was match to return, as a result of he had not been signed off as unfit for work..’
However, on Mr Smith’s return he was not initially supplied with a timetable or desk and no return to work assembly was held, the tribunal heard.
Asked by a colleague if he was okay, he mentioned ‘Yep, simply slept badly and do not know what I’m doing at the second with reference to my job as I’ve no desk, and really feel like I’ve no objective’.
Throughout that month, Mr Smith’s temper was ‘up and down’ and the tribunal heard he was ‘tearful at faculty and complaining about his remedy by administration in the staffroom’.
The faculty mentioned his temper was ‘risky and emotional’ and mother and father had complained about his remedy of the scholars, the tribunal heard. They mentioned on two events he was discovered ‘asleep at faculty’.
An occupational well being report – carried out on September 23, 2021 – suggested Mr Smith was ‘not match for full hours or duties at current’ and a phased return to work was really useful.
This led to Mr Smith leaving work once more till his return in January 2022, however the next month it was reported by two members of employees that he had fallen asleep in class.
The tribunal in central London heard Mr Smith started working at the varsity (pictured) in September 2006 and initially had a ‘glowing report’
When this was put to him, he mentioned this was not true and he was ‘only resting his eyes’.
In March 2022, the teacher was invited to an investigation assembly the place he was instructed that ‘falling asleep in class was unacceptable and this was not the one event’.
The tribunal mentioned Mr Smith gave ‘varied excuses’.
‘He mentioned he was a deep thinker and closed his eyes in order to assume, and he was not main the lesson. And he mentioned he had a giant lunch,’ the tribunal mentioned.
In the next few days, employees members reported ‘considerations’ over Mr Smith and mentioned he was ‘being too harsh on the boys’.
Because of those ‘considerations’, an investigation report discovered Mr Smith had been asleep for roughly 10 minutes throughout a lesson in February 2022 and he had beforehand fallen asleep on three events in that tutorial yr in entrance of boys or employees.
It mentioned his failure to observe absence protocol when he had didn’t name in sick correctly and mentioned ‘mother and father pay excessive charges and anticipate correct teacher cowl’.
In July 2022, Mr Smith was sacked on ‘grounds of ill-health’.
He was instructed that ‘regardless of the perfect efforts of all involved, your continued absence is having a detrimental influence on the varsity and the youngsters, and your behaviour when in faculty falls beneath the usual anticipate of an worker of Alpha Plus’.
But, Employment Judge Tamara Lewis mentioned Mr Smith was ‘dismissed with out being heard’.
She mentioned: ‘He had had no alternative to touch upon the investigation report.
‘These issues arose in consequence of [Mr Smith’s] disability. His absence report was virtually solely attributable to his disability.
‘His failure to report absence in time or at all till chased up was attributable to his low temper and anxiousness in addition to the consequences of his treatment.
‘The unpredictable temperament was a reference to temper swings and tearfulness attributable to [his] disability and anxiousness about how he was being handled at work in consequence.
‘Sleeping at work was additionally clearly as a result of treatment and sleep disruption attributable to his anxiousness.
‘We perceive that [Mr Smith] had no self-awareness that he was sleeping at work.’
Mr Smith’s claims of unfair dismissal and disability discrimination had been upheld. Other claims had been dismissed.
A treatment listening to to resolve his compensation might be held later this yr.