Striking teacher wins court case

Teachers walked out for a one-day strike in March 2002

A teacher who claimed too much money was deducted from her pay after she went on a one-day strike, has won her High Court action.

The success of Abigail Smith has repercussions for other teachers in Kent whose pay was similarly docked.

Ms Smith said Kent County Council took £53 too much by deducting one 195th of her pay after the strike in 2002.

Mr Justice Mackay ruled the council should have taken one 365th of her annual salary - or £60.

We are very pleased at the decision Graham Clayton, NUT solicitor

The council said it had been entitled to deduct one 195th of Ms Smith's annual salary after she joined a strike at Rowhill Primary School, Dartford, because teachers' contracts require them to be available for work for 195 days a year.

The strike, in March 2002, involved teachers from 42 local education authorities in south-east England in a dispute over the London area allowance.

The court heard the correct levels of wage cuts were laid out in the "Burgundy Book", the agreement covering pay reductions stemming from strike action.

But Cherie Booth QC, for Ms Smith, argued the maximum lawful deduction under the Burgundy Book was one 365th of Ms Smith's annual salary because she had spent a single day on strike.

This equalled £60, rather than the £113 which the council had taken in the belief one 195th was the correct fraction.

Permission to appeal

Mr Justice Mackay ruled on Wednesday that one 365th was the correct maximum lawful declaration and said in court that the issue had repercussions for a significant number of teachers.

The judge gave Kent County Council permission to appeal.

Graham Clayton, solicitor for the National Union of Teachers, said: "We are very pleased at the decision.

"It is one which reinforces the importance of agreements between teachers' organisations and their local education authority employers.

"It has been 17 years since the government imposed statutory terms and conditions on teachers.

"This judgment reinforces the significance of what remains by way of agreement and should be taken as supporting the good sense of settling matters like this by agreement."

The union said 11 authorities had intended making similar deductions, but 10 backed down when it drew their attention to the Burgundy Book.

It added: "Teachers throughout England Wales gain - because the court has ruled that the Burgundy Book is not a relatively superficial addition to the un-negotiated, imposed set of statutory rules governing teachers' pay and conditions."