Mr Roddis was employed as an associate lecturer by Sheffield Hallam University and commenced employment on 30 January 2006. He brought claims for unfair dismissal, less favourable treatment under the Part-Time Workers Regulations, and a claim of age discrimination. The age discrimination complaint was withdrawn, and the unfair dismissal complaint was dismissed by the Tribunal since it was found that the contract of employment had not been terminated and there is no appeal from that part of the decision. He brought various claims including less favourable treatment under the Part time Workers Regulations. The ET considered whether he was employed under the same type of contract as his comparator; Mr Mark Leader, who was employed as a lecturer on a full-time contract. The ET found that Mr Leader was not – Read More…

  Swansea City Council win appeal over whether SEN allowance was payable to teachers. Rees was employed between 22 April 2002 and 31 December 2015. Mrs Mann was employed between 1 September 1997 and 31 December 2015. Mrs Gustafson was employed between 15 April 2002 and 31 December 2015. The Claimants were home tutors and were employed by the Swansea City Council as home tutors. Mrs Rees said that between 80 and 100% of her time was spent teaching children with special educational needs. This was mostly done in the children’s own homes but occasionally she taught children in small groups, for example, at an education centre and the Tribunal found that this might be twice or three times a week. Mrs Mann said that about 75 to 80% of – Read More…

In Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978 the Court of Appeal have reviewed the ‘last straw’ doctrine and set out a 5 stage test to be applied in all constructive dismissal cases. In order to succeed in a constructive dismissal case an employee must show that the employer has committed a repudiatory, or fundamental, breach of the contract of employment and that the employee resigned as a result of the breach.  It is common for an employee to claim a breach of the implied term of trust and confidence.  Usually there is a series of acts and the employee relies on the final act as ‘the last straw’. The Claimant in this case resigned after being disciplined and issued with a final written warning following – Read More…

The Pensions Ombudsman has given his determination in a complaint by Ms R against the City of Wolverhampton Council and West Midlands Pension Fund. Facts Ms R was employed as a Higher Level Teaching Assistant at New Park School in Wolverhampton. Ms R was a member of the Local Government Pension Scheme (LGPS) On 7 February 2014, following a period of sickness absence, Ms R was referred to Occupational Health who said that she was fit to carry out her duties with the exception of being able to restrain pupils by herself. On 10 March 2014, Ms R was referred to Dr Gandham, an independent registered medical practitioner (IRMP) who certified that, in his opinion, Ms R is suffering from a condition that, on the balance of probabilities, renders her – Read More…