A disabled teacher who was sacked for gross misconduct after showing pupils aged 15 and 16 the 18-rated horror film Halloween is set to collect more than £600,000 in compensation after winning the latest round of a legal fight.
Phil Grosset took legal action against York Council after claiming that governors unfairly dismissed him from his job as head of English at Joseph Rowntree School four years ago.
Mr Grosset, who suffers from cystic fibrosis, said he made an “error of judgment” showing the film to the class because he was under a “high level of stress” as a consequence of his disability.
Employment tribunal judges ruled in his favour and concluded that the decision to sack Mr Grosset was a breach of equality legislation.
They said “reasonable adjustments” could have been made to reduce “work pressure” on him.
Now, three Court of Appeal judges have dismissed an appeal by council bosses.
Lady Justice Arden, Lord Justice Sales and Lord Justice Peter Jackson ruled against York Council today after analysing evidence at a Court of Appeal hearing in London in April.
They said tribunal judges had been entitled to reach decisions they reached.
Lawyers representing all sides previously agreed that Mr Grosset should get £646,000 compensation if he won.