Mr Hargreaves was employed as an art and design teacher at Manchester Grammar School. He was dismissed for allegedly ‘grabbing and shoving’ a pupil in the corridor. It was also alleged he had pushed two forefingers against the pupil’s throat.

Mr Andrew Smith, Deputy Head of the School who had overall responsibility for safeguarding and pastoral care, launched the initial investigation into the allegations. He was obliged to inform the local authority’s designated officer, Ms O’Hagan, about the allegations.

A number of witnesses conceded they had not seen the incident, however, the school’s proctor, Dr Burch, said that he had spoken with Mr Hargreaves after the purported incident, claiming he had been very ‘agitated’.  Dr Burch claimed the pupil in question appeared ‘subdued and upset’.

Mr Hargreaves denied the accusations, claiming he had simply grabbed the pupil’s backpack in order to prevent him from rugby tackling another pupil. He was invited to an investigation meeting, the findings of which Mr Smith outlined in a report. The report summarised the allegations, the investigation, points of disagreement and dispute and set out concluding remarks over four pages.  He concluded:

"This investigation has identified two polarised accounts of the incident. Either there has been a malicious allegation of physical abuse levelled against JH or he has acted in a way that could be viewed as serious professional misconduct.

“In my role as Investigating Officer my recommendation is this incident is progressed to the disciplinary stage for further consideration by the High Master.”

A disciplinary panel upheld the allegations leading to notification of his dismissal. The claimant appealed the findings, claiming his “hard-won career was potentially now in ruins,” yet the decision was upheld.

The initial Employment Tribunal ruled the investigation was not biased and held the decision to dismiss fell within the band of reasonable responses. The EAT was in agreement. Judge Eady said:

“Weighing up all the evidence, I come to the conclusion that it is more likely than not that the claimant did… engage in unwarranted and unreasonable physical conduct by pushing Pupil A up against a wall and pushing his fingers against Pupil A’s throat.

This was gross misconduct. The respondent was not, therefore, in breach of contract by dismissing the claimant without notice. I conclude that the complaint of wrongful dismissal is not well founded.”  https://assets.publishing.service.gov.uk/media/58dd0f1ce5274a06b3000077/Mr_J_Hargreaves_v_Governing_Body_of_Manchester_Grammar_School_24044452016_Final.pdf