28 - Why the Bury College Tribunal Judgment May Be Taking So Long

The Employment Tribunal between a dismissed Bury College teacher and the College concluded in early May 2025. Now, almost six weeks later, the parties are still waiting for a decision. While delays can be frustrating, they are not unusual, especially in complex cases.

Here’s why this particular judgment may be taking longer than expected:

1. High Volume of Disputed Evidence

This case involves a large number of contested facts, including the interpretation of meeting notes, discrepancies in witness testimony, and disputes over College policy. The judge must carefully assess each of these elements before reaching a conclusion, not just on the facts, but also on how fairly the process was followed.

2. Multiple Legal Issues in Play

The case touches on several areas of employment law:

  • Procedural fairness in dismissal

  • Substantive grounds for gross misconduct

  • Proper use of safeguarding procedures under KCSIE 2023

  • Allegations of unequal treatment and bias

  • The handling (or mishandling) of low-level concerns

Each of these areas requires legal analysis. This is not a straightforward misconduct case, it raises statutory safeguarding issues, possible policy breaches, and potential inconsistencies in how standards were applied to different staff members.

3. Serious Allegations on Both Sides

The case involved serious allegations against the Claimant, including that he used inappropriate language toward a student. But it also raised serious concerns about the College’s own conduct:

  • Failure to disclose relevant evidence

  • Misuse of safeguarding thresholds

  • Suspension process flaws

  • Lack of training by key staff

  • Allegations of confirmation bias by decision-makers

The judge must weigh all this while ensuring that the Respondent’s procedures met legal and institutional expectations.

4. Public Interest and Reputational Impact

Although this is a single-claimant case, it has implications for how schools and colleges handle safeguarding concerns, especially when those concerns do not meet the harm threshold. The judge may be taking extra care to ensure that any decision is legally sound and publicly defensible, especially if the case becomes the subject of wider media or legal scrutiny.

5. Possible Need for Written Reasons

In complex cases, Employment Tribunal judges typically provide written reasons even if neither party requests them, particularly if there is a likelihood of appeal. Drafting these reasons can take time, especially if the case involves extensive factual findings and interpretation of policy documents.


What Happens Next?

The parties must simply wait. If the delay continues beyond a reasonable time (usually 6–8 weeks), they may write to the Tribunal for an update. But for now, the delay is most likely due to the complexity, volume of evidence, and seriousness of the issues involved.

In a case where someone’s career is at stake, and an institution’s safeguarding culture is on trial, thoroughness must take precedence over speed.


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