already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

teacher’s prison sentence reduces unfair dismissal award

14 August 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.

related opinions

Debate on paying governors heats up

Chief of Oftsed, Sir Michael Wilshaw, believes chairs and vice-chairs of governors of schools in challenging areas should be paid and all governors should receive compulsory training.

View blog

Is a national funding formula any closer?

Pressure is building on the Conservative government to stick by its manifesto promise to “make school funding fairer”.

View blog

Survey identifies Prevent duty worries

Senior education leaders have expressed concern about the Prevent duty, particularly around training and multi-agency working.

View blog

Survey predicts cull of teaching staff

It is revealed that 55% of school leaders are considering making redundancies in the next 12 months and an unprecedented 78% of those are looking at cutting teaching posts.

View blog