Council told to re-hire teacher

Scottish Borders Council has been told to re-hire Ms Donaldson

A council has been ordered to re-hire a teacher and pay her more than £18,000 after she won an unfair dismissal case.

Lesley Donaldson was offered four days a week rather than five by Scottish Borders Council when her temporary contract at Galashiels Academy ended.

The teacher, with four years' service on fixed-term contracts, argued she was a permanent employee and was being dismissed and re-hired on poorer terms.

An industrial tribunal in Edinburgh has now found in her favour.

In a written judgement, it ruled there had been a "fundamental failure" by SBC in not consulting with her about job opportunities.

"She was an experienced teacher who was willing to retrain in order to remain in the teaching profession," the judgement stated.

Permanently employed

The tribunal heard that after Ms Donaldson's contract ended other posts were advertised which she should have been considered for.

Instead, it was the council's position that there was no suitable job for her to go to.

Ms Donaldson, from Jedburgh, said that she would have been willing to retrain in order to secure a post.

She also wrote to the council for a written statement confirming that she had been permanently employed by them under fixed-term contracts since August 2004.

Council officials failed to respond to her letter within 21 days.

Then, on 31 October last year, she was told that she would be employed four days a week instead of five.

Wages arrears

Ms Donaldson claimed that this amounted to constructive dismissal and, after leaving Galashiels Academy, she applied for 18 jobs without success.

She eventually got a job with Scottish Natural Heritage as a support worker.

Now the tribunal has ordered that she should be re-instated as a teacher of French or business studies before 11 January next year.

SBC must also pay her £18,211.24 in respect of arrears of wages.

The council's position was that Ms Donaldson's fixed-term job had come to an end and she was offered another job where she would have worked for four days a week.

It claimed that at the time there were no suitable jobs for her.