Opinion Former Article

Landmark victory in supreme court on teachers' pay deductions

A Supreme Court ruling issued today, in relation to industrial action which occurred in 2011 at King Edward VI College in Stourbridge, has vindicated the NASUWT’s claim that the formula used by the employer to make the pay deductions for the strike action was wrong.

The decision, following a case (see details below) brought by the NASUWT, the largest teachers union in the UK, overturned a previous ruling by the Court of Appeal.

The Supreme Court ruling means that instead of deducting 1/260th of each members’ annual salary following the industrial action, only 1/365th should have been taken.

Ms Chris Keates, NASUWT General Secretary, 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.

“The NASUWT has pursued this issue doggedly since 2011.  While others gave up, we continued to fight this important principle, not only for the teachers at King Edward VI College in Stourbridge, but also for all those in 6th Form colleges.

“We will now be seeking reimbursement of the monies unlawfully deducted from our members.”

NASUWT Press Office contacts:
Simon Houltby 0121 457 6239 / 07920 711069

Notes to Editors:

The Case
The ruling relates to the cases of NASUWT members Jeremy Panko, Stewart Monk and Peter Hartley (now retired), following a day of industrial action at King Edward VI College, Stourbridge in  2011.

After the teachers were deducted 1/260th of their pay, the NASUWT issued a claim to the County Court in 2013. Following a  High Court ruling which found in favour of an employer, on a similar but unrelated case, brought by another union, the NASUWT compromised its case in the County Court and made an application for  leave to appeal to the Court of Appeal.

This was granted and the NASUWT’s appeal to the Court of Appeal was heard in March 2015.

Following the Court of Appeal ruling in favour of the employer, the NASUWT’s made an ultimately successful appeal to the Supreme Court which was heard in February 2017 with the judgment handed down on 24th May 2017.

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