At the Tribunal | |
On 6 December 2002 | |
Before
HIS HONOUR JUDGE PROPHET
MR S M SPRINGER MBE
MR R N STRAKER
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
Revised
For the Appellant | MR A CHOUDHURY (of Counsel) Messrs Reynolds Porter Chamberlain Solicitors Chichester House 278-283 High Holborn London WC1V 7HA |
For the Respondent | MR R DOWNEY (of Counsel) Kent County Council Legal Secretariat Sessions House County Hall Kent ME14 1XQ |
HIS HONOUR JUDGE PROPHET
"Dear Mrs Hughes
Contract of Employment
Following the appeal hearing held on Thursday 3rd February at Archers Court School I am writing to inform you that the School's Governing body have instructed the LEA to terminate your contract of employment.
The reason for dismissal is lack of capability on the grounds of ill health.
In accordance with your Contract you are entitled to 12 weeks' notice. Your last day of service will, therefore be 30th April 2002.
I understand the Chairman of the panel will be writing to you separately with more details of the decision.
Yours sincerely
Gary Edwards
Area Personnel & Development Manager"
It is common ground that that letter reached Mrs Hughes on Monday 7 February 2000.
"(1) Where the governing body determine that any person employed by the local education authority to work at the school should cease to work there, they shall notify the authority in writing of their determination and the reasons for it.
(2) … the authority shall before the end of the period of 14 days beginning with the date on which the notification under sub paragraph (1) is given, either
(a) give him such notice terminating his contract of employment with the authority as is required under that contract, or
(b) terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct."
"Notice to terminate the appointment may be given either by the County Council or by you. Except in the case of misconduct or other urgent cause when you may be dismissed summarily the County Council or you must give the other two calendar months' notice expiring at the end of the Spring or Autumn Terms (30th April or 31 December respectively) or three calendar months' notice expiring at the end of the Summer Terms (31st August ). You would in any event be entitled to receive additional statutory notice where this would exceed the contractual notice set out above. Statutory notice would be calculated on the basis of one week's notice for each year of continuous service with the County Council up to a maximum of 12 weeks' notice for 12 years or more continuous service."