logo-education

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

Racist abuse on the rise in schools

Recent Department for Education (DfE) statistics show that 430 children between the ages of five and eleven were given fixed period or permanent exclusions from their schools in the 2014-15 academic year because of racist behaviour.

View blog

Next steps towards fairer school funding

The Department for Education (DfE) have published the second stage of their consultation on school funding. The aim is to avoid the 'postcode lottery' of the current system and have a broad national funding formula that creates greater equity amongst all schools.

View blog

Survey finds increase in number of applications for authorised absence

The latest annual survey of school leaders carried out by Browne Jacobson and ASCL has found that 31% of school leaders have reported an increase in the number of applications for term time absences since the Platt v Isle of Wight case.

View blog

Schools successfully implementing the Prevent Duty

The Browne Jacobson and ASCL School Leaders’ Survey 2016 has found that more than three-quarters of school leaders (78%) have experienced no significant difficulties in implementing the Prevent Duty.

View blog