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Court rules in favour of local authority over disciplinary action

Davies v London Borough of Haringey [2014] EWHC 3393 (QB)

Related Member(s):
Karon Monaghan QC
Related Practice Area(s):
Employment Law, Local Government Law
Court:

The claimant commenced employment in 1992 as a full-time qualified teaching assistant. From 2000 onwards she was released full-time from her teaching duties in order to allow her to carry out her trade union activities full-time.

In July 2014 she was suspended by the local authority because of an alleged breach of the local authority code of conduct and social media policy. The claimant appealed against the decision of the local authority, it was the claimant’s case that the local authority did not have the power to take disciplinary action against her.

The Court rules in favour of the local authority and found that the local authority did have the power to suspend the claimant. The Court found that the claimant’s contract was varied in 2000 when the claimant was released of her teaching duties, and a result of the variation the claimant was not employed as a teacher. Further, even if the claimant had been employed as a teacher, the Court noted that The School Staffing (England) Regulations 2009, SI 2009/2680, reg 19 did not take away a local authority’s power to discipline staff.

Karon Monaghan QC was involved in this case.