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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.
It is important for schools to be attuned to what may be signs of mental illness and to understand the extent of their responsibility so that they can evidence that the proper duty of care has been shown.
1 March was National Offer Day for all secondary schools in England. It was also the day that the Sutton Trust produced a report on admissions which encouraged schools to adopt random allocation as a method of ensuring fairer and more comprehensive admissions to the top performing schools.
A Commons Education Committee report, released yesterday, has called for the government to enable local authorities to form their own multi-academy trusts (MATs) and sponsor academies.
The key issue for the Supreme Court to decide is the definition of ‘attending school regularly’ for the purposes of the Education Act 1996.
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