academy school wins substantial costs in TUPE dispute
with teaching union
7 December 2011
Claremont High School Academy has been awarded a substantial
costs order by an employment tribunal against The Association of
Teachers and Lecturers (ATL).
The ATL issued proceedings against the Brent based school in
July this year on the grounds that it had failed to inform and
consult with staff in line with the Transfer of Undertakings
(Protection of Employment) (TUPE) regulations as part of its
conversion to an academy in April this year. The school vehemently
disputed the claims.
However in September the ATL withdrew its claim days before the
hearing, leaving the school to face a legal bill of thousands of
pounds. The school applied to Watford Employment Tribunal for a
full costs order.
In approving the costs order this week the employment judge
criticised the union for acting unreasonably in first pursuing the
claim and secondly in failing to withdraw it as soon as they had
received the school's response.
Heather Bragg, employment lawyer at Browne Jacobson, who acted
for Claremont High School, commented:
“We are delighted for our client who could have been facing a
legal bill of thousands of pounds through no fault of its own.
“The school’s management team and the governing body followed
all the correct procedures throughout the entire academy conversion
process.
“In our experience it is highly unusual for an employment
tribunal to award a full costs order in such a case and in doing so
reflects its concerns at the union’s conduct and determination in
pursuing its baseless claim.”
Terry Molloy, Headteacher at Claremont High School Academy,
added:
“We are delighted with the outcome of this employment tribunal
decision as we believe that there was no case to answer. However,
from the School’s perspective it is unfortunate that this case was
brought allegedly on behalf of the very small number of ATL members
as it did nothing but damage to the School’s relationship with its
valued staff.”