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Teachers working in a sixth-form college have won a “landmark” legal victory over the amount of pay that can be deducted after a strike.

The Supreme Court decision follows a lengthy legal battle involving three teachers at King Edward VI College in Stourbridge, who took part in a union-led strike in 2011 over changes to public sector pensions.

After the teachers took part in the national one-day strike, the college deducted their pay by an amount equivalent to 1/260th of their annual salary.

However, Supreme Court judges ruled on Wednesday 24th May 2017 that only 1/365th should have been taken.

The ruling brings sixth form teachers’ rights up to date with staff in primary and secondary education and the decision could affect all teachers in sixth form colleges, ensuring too much pay is not lost when taking part in future industrial action.

The National Association of Schoolmasters Union of Women Teachers’ (NASUWT) General Secretary, Chris Keates, said: “The Supreme Court ruling is a landmark victory for teachers’ rights across the UK.

“Time and time again employers have sought to use the 1/260th deduction instead of the deduction of 1/365th that the NASUWT has always maintained was the correct calculation.”

DTM Legal Partner and Chair of Governors, Duncan McAllister, adds: “This is an important ruling that will have a potentially substantial impact on both teachers and colleges.

“When budgets are being stretched the importance of understanding the implications of strike and other forms of action is increased and all schools and colleges should ensure that they take proper advice.”

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DTM Legal are recognised for their depth of experience and tenacity in dealing with complex legal matters in the education sector.

Our Education team provide bespoke legal advice to schools, colleges and universities, applying a meticulous and competent approach throughout.

To find out how we can help you, contact Duncan on 01244 34813 or email duncan.mcallister@dtmlegal.com.

 

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