Teacher sacked for showing 'Halloween' to his class is awarded compensation

A SENIOR teacher sacked for showing slasher film Halloween to an underage class has been awarded more than £380,000 by an employment tribunal.

Head of English Philip Grosset, 46, showed the 18 rated film to a vulnerable group of 15 and 16 year olds, some of whom had self harmed or talked of suicide.

The cystic fibrosis sufferer and teacher of 13 years admitted he had made a "poor choice" at a time of "extreme stress and ill health" but was sacked for gross misconduct.

The £48,000 a year department head at the Joseph Rowntree School in York won his case for disability discrimination after the tribunal ruled the school did not do enough to accommodate his condition.

City of York Council was ordered to pay more than £180,000 in compensation to Mr Grosset for discrimination, and a further £206,000 pension.

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The tribunal ruled the "inappropriate showing of the film did arise as a consequence of the claimant's disability (his mental state)".

The tribunal heard at the time of showing the film Mr Grosset was suffering stress due to an increased workload from the school which was impacting upon his lung function, and he was eventually signed off from work for stress by a doctor.

However he lost a claim of unfair dismissal after the tribunal ruled the decision to dismiss him was fair and was an option open to the school.

The school appealed the tribunal's ruling on disability discrimination but the decision was upheld by the Employment Appeal Tribunal.

The appeal tribunal also dismissed a cross appeal by Mr Grosset claiming they should have also ruled in his favour on unfair dismissal.

When he arrived at the school in 2011 the English department was "in disarray", but Mr Grosset succeeded in turning it around, achieving the school's best ever GCSE results in the summer of 2013.

However from 2013 the school's performance focus moved from GCSE results to measurements of progress, which showed there were still problems with the English department.

On November 8, 2013, pupils sat their final IGCSE exams and Mr Grosset took a small group of a dozen or so 15 to 16-year olds called the "nurture group" who "for one reason or another needed more attention than others".

Over two lessons with the group Mr Grosset showed the pupils the film Halloween, rated 18.

Three of the group had been or were involved in self-harming involving blades, with two having talked about suicide, though Mr Grosset said he didn't know any of this.

The tribunal heard that by the end of November his lung function was at its lowest it had ever been and he felt he could no longer remain at work.

He was suffering stress, which was impacting upon his lung function, and was eventually signed off from work for stress by a doctor.

While he was away Head Teacher Richard Crane covered his classes, discovered the horror film had been shown to the pupils and suspended Mr Grosset.

During the investigation Mr Grosset "accepted that showing the film had been inappropriate and regrettable but argued he had been affected by stress, contributed to by his cystic fibrosis".

A disciplinary hearing by the school found him guilty of showing an X-rated film with scenes of extreme violence to a class of 15- and 16-year-olds.

This breached the British Board of Film Classification recommendations, by showing the film without obtaining parental consent.

Mr Grosset was also found guilty of breaching the school's safeguarding policy.

Following the decision he was dismissed from the school in December 2013.

The employment tribunal concluded the dismissal: "Was plainly an act of unfavourable treatment".

It added: "Having regard to the medical evidence before it the ET further found that the Claimant had shown the film when suffering from an impaired mental state such that errors of judgement might be anticipated.

"Specifically, it was more likely than not that the Claimant had made the error of judgement in selecting Halloween as a result of the stress he was under; it was not an error he would otherwise have made and, in very large part, that stress arose from his disability."

Speaking after the ruling Mr Gosset said: "It was appalling treatment of someone they knew was ill.

"I was really shocked by the treatment I got and disappointed by their reaction ever since.

"Since winning the case they have not shown any notion they were in the wrong. It seems they have learnt absolutely nothing.

"The headteacher Mr Crane must now consider his position. He ought to face the same level of scrutiny and investigation as everybody else.

"The only reason I showed this film was I was ill and was made ill by the headteacher.

"I have not been given the help I asked for, it made me ill and employers have to listen. This could so easily have been avoided.

"in the judgement found it was a serious and substantial acts of discrimination.

"The school governors have chosen not to listen to me or my doctors before dismissing me.

"Legally they can do that but this opens them up to the massive risk of discriminating on the basis of disability.

He said he had worked in IT before switching to teaching because he felt it was a "calling or vocation."

But he added: "This has ended my teaching career, there is no way I can go back to that.

"The medical reports have confirmed it has shortened my life."

Mr Grosset now works in IT and says he has no plans to return to teaching.

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