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...

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