Home / Crime and Justice / Too Dumb to Know 'Professional'? Caretaker Wins Case
Too Dumb to Know 'Professional'? Caretaker Wins Case
10 Mar
Summary
- Caretaker won unfair dismissal after arguing cognitive impairment.
- He believed 'professional' meant being good with students.
- School failed to consider his potential ADHD and IQ.
A 47-year-old caretaker, Kevin Lilly, has won an unfair dismissal case against Southend High School for Boys after being fired in October 2023 for misconduct. Lilly, whose IQ places him in the bottom five percent of adults his age, argued he did not understand the meaning of 'professional.' He believed it meant "being really good with students." This interpretation was central to his successful defense at the employment tribunal.
The incident involved Lilly accompanying three sixth-form students to McDonald's during lunchtime and accepting a ride back to school. This event followed numerous prior warnings over 16 years regarding Lilly's behavior around pupils, including high-fiving, performing handstands, and inappropriate participation in a charity auction. A 2013 letter had instructed him to avoid contact with students during breaks.
The tribunal found that the school had not adequately considered Lilly's cognitive difficulties, including symptoms of ADHD and an IQ equivalent to an 11-year-old. A 2019 psychological assessment, which the school had not seen, indicated significant struggles with understanding verbal instructions. The judge ruled that the school should have investigated Lilly's cognitive function more thoroughly before his dismissal.
