Allegations by students against School staff: Employment Law implications

Earlier this week, the Association of Teachers and Lecturers (ATL) reported that a quarter of school staff they had surveyed had been the victims of false allegations by students.  

Whilst it may be impossible to avoid false allegations being made, how you deal with  allegations is something that falls within your control.  Taking the wrong steps could lead to claims in personal injury for stress-related conditions, as well as the cost and disruption  caused by lost days and arranging temporary cover.

When you are faced with allegations against staff, whilst it is essential that the interests of the child remain paramount, it is also imperative that any initial investigations are carried out swiftly, fairly and thoroughly, and that any period of suspension is kept to a minimum.

Parents, students and other staff will consider that any employee placed on suspension may well be guilty.  If possible, the procedure should therefore be dealt with confidentially, and as little information as possible should be published.  It is however also a good idea to brief a public relations agent who can advise you if a story about the allegation is likely to reach the press.

Long periods of suspension also have a financial impact, as you will be paying both the suspended employee and for temporary cover.  Also, if you later face a claim for unfair dismissal, there is a risk that a Tribunal would find the dismissal procedurally flawed if it considered that the period of suspension was too long, even if the decision might otherwise have been reasonable.

You should of course take care not to assume (or give the appearance of believing) that the member of staff is guilty at any stage in the investigation process, as this could amount to a breach of the implied term of trust and confidence, entitling the employee to resign and claim that they have been constructively unfairly dismissed.

It is interesting to note that, according to the ATL study, half of all allegations are dismissed at the investigation stage.

It is important that you follow any relevant internal procedures (such as your Disciplinary and Child Protection policies).  It is important that you take all necessary steps to investigate thoroughly, without giving the impression that the employee is guilty of the allegations, whilst also balancing your safeguarding obligations.

If an employee is exonerated following an investigation (or the allegations do not lead to their dismissal), and they choose to return to School (and the ATL's evidence suggests that many do not), it is vital that you take steps to reintegrate them, and that they are given every support in facing what may be a difficult or hostile environment.

This process is best managed in consultation with the employee, giving them access to support as necessary.  The longer the employee has been on suspension, then the greater the level of support that would be expected.

Please click to view Ashfords' Employment page.

Ashfords LLP is regulated by the Solicitors Regulation Authority. The information in this note is intended to be general information about English law only and not comprehensive. It is not to be relied on as legal advice nor as an alternative to taking professional advice relating to specific circumstances.