The claimant had been employed as a teaching assistant. She came to work with the union, eventually being released from her work full time to undertake the role within the union. The defendant suspended the claimant from her role for alleged breaches of the Borough’s Code of Conduct and Social Media Policy. The actions did not relate to her teaching. She said that only the school’s policy could be applicable, though she had not attended there since 2000. The school said that it had re-engaged all its current staff, and that the claimant had not applied to be re-employed.
Held: The claimant was within the category of ‘all permanent Council employees’, and did not fall within the exceptions which relate to staff working in schools. The defendant accordingly had power to suspend her.
Supperstone J
[2014] EWHC 3393 (QB)
Bailii
Education Act 2002, School Staffing (England) Regulations 2009, Education (Modification of Enactments Relating to Employment) (England) Order 2003
England and Wales
Citing:
Cited – Solectron Scotland Ltd v Roper and others EAT 31-Jul-2003
The court was asked whether, following a TUPE transfer, a contractual term with regard to the making of enhanced redundancy payments had been preserved.
Held: Elias J said: ‘The fundamental question is this: is the employee’s conduct, by . .
Cited – Jones v Associated Tunnelling Co Ltd EAT 16-Oct-1981
The tribunal had been asked as to the circumstances under which the acceptance of new employment terms can be inferred from an employee’s continuing to work.
Browne-Wilkinson P said: ‘The starting point must be that a contract of employment . .
Cited – Shumba and Others v Park Cakes Ltd EAT 28-Nov-2012
EAT REDUNDANCY – Contractual scheme
It was the Claimants’ case – and the Claimants adduced evidence – that enhanced redundancy payments were made under a scheme without exception for a substantial period . .
Cited – Murphy v Slough Borough Council Governing Body of Langleywood School CA 16-Feb-2005
The court was asked as to who was the appropriate respondent when a claim for disability discrimination is brought by a teacher employed at a maintained community school with a delegated budget. The teacher’s contract of employment is with the local . .
Cited – Park Cakes Ltd v Shumba and Others CA 31-Jul-2013
. .
Lists of cited by and citing cases may be incomplete.
Employment, Education
Updated: 11 November 2021; Ref: scu.537747