The applicant had been a head teacher. She claimed unfair dismissal. The respondents claimed that they were not her employers. The school was a community school.
Held: The governors should have been the correct respondents. They held the powers consistent with the power to dismiss. A constructive dismissal claim should not be treated differently on an issue of jurisdiction.
Judges:
Lord Justice Mummery Lord Justice May Lord Justice Pill
Citations:
[2004] EWCA Civ 11
Links:
Statutes:
School Standards and Framework Act 1988, Education (Modification of Enactments Relating to Employment) Order 1999, Education (Modification of Enactments Relating to Employment) (England) Order 2003, Employment Rights Act 1996 95(1)(c)
Jurisdiction:
England and Wales
Citing:
Cited – Western Excavating (ECC) Ltd v Sharp CA 1978
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 June 2022; Ref: scu.192104