Claire McCann successfully defends Cognita Schools against unfair dismissal claim in the context of Covid safety fears.



Claire McCann acted for St Clare’s, a private school in Porthcawl, Wales (part of the Cognita Group), which successfully defended an unfair dismissal claim arising out of alleged Covid health and safety fears. The Decision of the Cardiff Employment Tribunal can be found here.

Mrs Smith sent a vulnerable 15 year old boy out of her classroom when he did not ask permission to remove his mask to have a drink of water and then forgot about him for over 20 minutes. Mrs Smith alleged that her conduct was attributable to her fear of “serious and imminent danger” as a result of her own son’s vulnerability but her claim was resoundingly dismissed by the Tribunal which concluded that it was undermined by her family’s summer holiday to Greece when her son ‘should have been shielding’.

Teacher sacked after ordering pupil to leave class for removing his Covid mask to drink water | Daily Mail Online