Teachers - disciplinary procedures

Thanks to Neil Addison of New Bailey Chambers for preparing this case summary

Thanks to Laurie Anstis of Boyes Turner, who is standing in for Daniel Barnett this month.

Can a teacher be disciplined by a local authority rather than her school?

Yes, held Mr Justice Supperstone in Davies v Haringey LBC.

The Claimant was employed by Haringey at a Community School for 8 years until she was elected as an NUT official. For the next 14 years she continued to be paid as a teacher of the School whilst doing the NUT task full time until she was suspended by Haringey for alleged breaches of their Code of Conduct.

The Claimant asked the High Court to rule that she could only be disciplined by the Governors of her School. Haringey however said that since the Claimant was employed by them she could be disciplined by them as well as by the School. The Judge held that whilst Governors had disciplinary powers over staff working in their School since the Claimant had not in practice worked at the School for 14 years it was Haringey which had disciplinary powers over her.