Gardner v The Coopers Company & Coborn School [2020]
Decision Number: UKEAT/0235/19/BA Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 27/10/2020
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
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Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Background

The claimant was a teacher and worked for the respondent as a part-time IT teacher until her position became redundant.   As part of the redundancy process, other alternatives were looked at, one of which was the position of Maths teacher.  The claimant undertook a 4-week trial for this potentially suitable alternative role.  In taking on this alternative role, the claimant was informed that she would still be entitled to her redundancy payment and her redundancy date was extended until 31st December.

It was decided early on that the position as a Maths teacher was not a suitable alternative and the decision was made to dismiss the claimant.  The issue that arose was that the claimant did not receive

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 27/10/2020