A teacher from the alma mater of the Prince of Wales and Duke of Sussex has been awarded nearly £170,000 in compensation after being dismissed for allegedly falling asleep at his desk following a “big lunch.”
Jason Smith successfully sued Wetherby Prep School for unfair dismissal, claiming he was treated like a “disease” by senior staff at the Notting Hill, London institution.
Smith was accused of dozing off at his desk on two occasions and failing to report multiple absences. In testimony to the employment tribunal, Anna Dingle, the former deputy head teacher, noted that Smith offered “various excuses” for his sleep during school hours, including that he had Covid, that he was a “deep thinker” who closed his eyes to concentrate, and that he had eaten a large lunch.
The employment judge concluded that Smith was dismissed “without being heard” and that his sleep episodes and absences were primarily linked to mental health issues. Judge Lewis determined that Smith’s difficulties were the result of anxiety and depression, and that his absence record was “almost entirely due to his disability.” His claims of unfair dismissal and discrimination were upheld, leading to a compensation award of £168,441.30.
Having joined Wetherby in 2006, Smith maintained a “glowing” record until experiencing a “breakdown in his personal relationship” in 2020. An evaluation at the prestigious £28,500-a-year school praised his teaching, noting that his students’ “enthusiasm was infectious” and that the “learning atmosphere was excellent,” alongside a good attendance record for 14 years.
Smith’s first mental health-related absence occurred in January 2020, leading to 18 sick days over the next three months. He was referred to occupational health, which diagnosed him with anxiety and depression, compounded by poor sleep. After being signed off, he returned to work in June 2021 with a formal “fit for work” note.
When he resumed his duties in September 2021 without a formal note, he was disheartened to discover he was the only staff member without a weekly timetable or designated desk. Ms. Dingle reached out to him, and he responded, expressing feelings of confusion and lack of purpose.
After being assigned a lighter workload, the school conducted three occupational health assessments that described Smith’s mood as “volatile and emotional” and noted complaints from parents about his interactions with students. Investigations revealed he had been found asleep during a lesson for 10 minutes and had multiple instances of dozing off in front of colleagues and students.
In July 2022, Smith was dismissed on “grounds of ill-health,” with the school stating that “despite the best efforts of all concerned, your continued absence is having a detrimental impact on the school and the children, and your behaviour when in school falls below the standard expected.”
The judge noted that Smith is currently planning to “recover in Australia” but hopes to return to the UK to resume his teaching career.