Home > Teacher’s prison sentence reduces unfair dismissal award > Posted in Education, Employment

  • teacher’s prison sentence reduces unfair dismissal award

    August 14, 2013

    Should a teacher who has been unfairly dismissed get less compensation if he assaults a pupil after his dismissal?  The Employment Appeal Tribunal (EAT) decided that he should, in the case of Cumbria County Council v Bates

    After his dismissal from Dowdales School, Bates assaulted a 16 year old girl who he had previously taught.  The Employment Tribunal initially found they could not take this into account in deciding how much money he should be awarded for unfair dismissal from his job.  The EAT disagreed.  The fact of his six week prison sentence would mean that Mr Bates had damaged his own chances of getting future employment.  The school should not therefore have to pay loss of earnings to Bates for a period that he would not have been working as a direct result of his own actions.

    This is a welcome decision for schools, and all employers, involved in claims to the employment tribunal when they are faced with poor conduct of an employee after they are dismissed.

     

    Heather Mitchell

    Heather Mitchell

    Specialises in contentious and non-contentious employment matters including; contractual issues, unfair dismissal, redundancy and all areas of discrimination.

    +44 (0)115 976 6553

    email Heather Mitchell

    follow me on LinkedIn Follow Heather on LinkedIn

Archives

Sectors

Opinions tagged as...

advertising Sarah Erwin-Jones James Arrowsmith trade marks Social Care DfE child protection Public Sector academies Laura Richards Intellectual Property education Nichola Evans Department for Education free schools Fiona Carter Court of Appeal local authorities Richard Freeth Gemma Steele Oliver Sweeney Richard Nicholas litigation Browne Jacobson Hayley Roberts Mark Blois teachers Ofsted Dai Durbridge High Court Claims schools copyright Browne Jacobson LLP Brands employment adult safeguarding government NHS personal injury