King's / Queen's Bench Division of the High Court
KB-2023-003302 - [2025] EWHC 1628 (KB)
Fecha: 27-Jun-2025
Discussion
Discussion
In my judgment, the issues can be summarised as follows – did the Defendant breach the implied terms in:
Its conclusion that the hug was sexually motivated;
Its treatment of the evidence on insight, remediation and risk of repetition, including the evidence of Dr Wilkinson; or
Imposing the sanction of termination.
- Heading
- Rory Dunlop KC, sitting as a Deputy High Court Judge
- The contract
- Implied terms
- Factual Background
- The allegations and documentary evidence before the Adjudication Panel at the start of the hearing
- The hearing before the Adjudication Panel – Day 1 and fact-finding
- Day 2 – the findings on the allegations and the submissions on misconduct and impairment
- The Adjudication Panel decision on misconduct and impairment
- Day 3 and the decision on sanction
- The Appeal
- The pleaded claim
- Legal framework
- Submissions
- Discussion
- The first issue – the conclusion that the hug was sexually motivated
- The second issue – the treatment of the evidence as to insight, remediation and risk of repetition, including the evidence of Dr Wilkinson
- The third issue - sanction
- Conclusions