Dumfries & Galloway Council v Mr George Carroll & General Teaching Council of Scotland - Intervenor
| Jurisdiction | UK Non-devolved |
| Judge | Mr Justice Choudhury |
| Neutral Citation | UKEATS/0001/19/AT |
| Court | Employment Appeal Tribunal |
| Subject Matter | Unfair Dismissal,Unfair Dismissal - Compensation,Unfair Dismissal - Reason for dismissal including substantial other reason,Not landmark |
| Date | 07 August 2019 |
| Published date | 01 November 2019 |
Copyright 2019
Appeal No. UKEATS/0001/19/AT
EMPLOYMENT APPEAL TRIBUNAL
52 MELVILLE STREET, EDINBURGH, EH3 7HF
At the Tribunal
On 6,7 August 2019
Before
THE HONOURABLE MR JUSTICE CHOUDHURY (PRESIDENT)
(SITTING ALONE)
DUMFRIES & GALLOWAY COUNCIL APPELLANT
MR GEORGE CARROLL RESPONDENT
GENERAL TEACHING COUNCIL OF SCOTLAND INTERVENOR
Transcript of Proceedings
JUDGMENT
Copyright 2019
APPEARANCES
For the Appellant Mr Stephen Miller
Solicitor
Clyde & Co (Scotland) LLP
144 West George Street
Glasgow
G2 2HG
For the Respondent
For the Intervener
Ms Sarah Shiels
(Solicitor)
Balfour & Manson LLP
56-66 Frederick Street
Edinburgh
EH2 1LS
Mr Mark Lindsay QC
Instructed by
Anderson Strathern LLP
George House
50 George Square
Glasgow
G2 1EH
Copyright 2019
SUMMARY
TOPIC NUMBER(S): 11C, 11H
Regulation 4 of the Requirements for Teachers (Scotland) Regulations 2005 (“the 2005
Regulations”), provides that a local education authority can employ only registered teachers. The
issue i n this appeal (brought by the local education authority) is whether the term “registered
teacher” in that provision simply means a teacher whose details have been entered on to the
register (“the Register”) maintained by the General Teaching Council of Scotland (“GTCS”)
(intervening), or whether it requires that the teacher is registered in that part of the Register that
is relevant to the type of teaching work unde rtaken, i.e. whether registration i s in the part of the
Register dealing with primary schools, secondary s chools or further education institutions or
which deals with a particular subject matter which the teacher is engaged to teach. The Claimant
in this matter was dismissed by the Respondent from his role as a secondary school teacher once
it emerged that he was only registered as a Further Education teacher. In a claim of unfair
dismissal brought by the Claimant, the Respondent asserted that the dismissal was by reason of
there being a statutory bar on continued employment within the meaning of s.98(2)(d) of the
Employment Rights Act 1996. The Employment Tribunal rejected the Respondent’s reason for
dismissal on the basis that there was no statutory bar to continued employment
Held: Dismissing the appeal, that on a proper interpretation of the 2005 Regulations, the only
restriction on a local education authority was against em ploying an unregistered teacher. Thus,
there was no statutory restriction on continuing to employ the Claimant and the Tribunal was
correct to so conclude. Appeals against the Tribunal’s findings on the levels of compensation and
pension loss were also dismissed.
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