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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.
The key issue for the Supreme Court to decide is the definition of ‘attending school regularly’ for the purposes of the Education Act 1996.
The MAC has published its findings, and concluded that secondary education teachers in maths, physics, computer science, Mandarin, modern foreign language and science could be considered as being in shortage.
Concerns about the ability of school age children to deal with modern realities of online porn, cyber-bulling and sexting has led to the strongest indication that the government may be ready to bow to pressure and change the law.
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.
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