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

Research on excluded pupils highlights link with mental health

New research has found that poor mental health can lead to exclusion and that excluding children from school can lead to long-term psychiatric problems.

View blog

Court condemns Ofsted complaints procedure and quashes report

The High Court has quashed an Ofsted report which placed an academy in special measures.

View blog

School Teachers Pay and Conditions Document 2017 released - time to review your approach?

Today, the Department for Education has issued this year's School Teachers Pay and Conditions Document, what does it mean?

View blog

Will there be a school admissions review?

Since the General Election, nothing substantive has been heard from the DfE on the review of school admissions except a brief statement from the School Minister that admissions would routinely be kept under review.

View blog