Second sacking case won at Neath

11th January 2002, 12:00am

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Second sacking case won at Neath

https://www.tes.com/magazine/archive/second-sacking-case-won-neath
Council faces another big payout as teacher wins damages after suffering a nervous breakdown over unfair dismissal. Julie Henry reports

A TEACHER awarded at least pound;50,000 in damages for a nervous breakdown he suffered when he was unfairly sacked has become the second member of staff to win an action against the same school.

Alan Powis won the interim compensation payment after a five-year battle against Neath Port Talbot education authority and Coedffranc junior school, Skewen. The final award could be up to pound;150,000.

The 51-year-old was sacked for gross misconduct in 1997, accused of neglect of duties and attempts to undermine headteacher Sheena Ball who joined the school in 1993. He suffered a nervous breakdown during his dismissal.

Judge Gary Hickinbottom at Swansea County Court ruled last week that Mr Powis, who had taught at the school for more than 20 years, was wrongly and unlawfully dismissed. He found that the now retired headteacher had, on scant evidence, taken against the teacher and that Mr Powis’s lack of co-operation stemmed not from wilfulness but as a result of Miss Ball’s conduct.

The judge set a personal injuries compensation payment of pound;50,000. If an agreement on further damages is not reached, he will make a final award in March.

In 1999 the school and local authority were found to be in the wrong when Cerys John, who had taught part-time at Coedffranc for 13 years, was made redundant.

The special needs teacher alleged she was dismissed because of her support for Mr Powis. An employment tribunal found in her favour.

A subsequent appeal by the LEA against the decision was dismissed by the Employment Appeals Tribunal. The LEA is now taking the case to the court of appeal. It is estimated that the council and its insurers will have spent up to pound;250,000 fighting the two actions when Mr Powis’s final compensation award is paid out.

Mr Powis told The TES: “I am delighted and stunned. It is like having an anvil lifted from my shoulders. It is not about the money. I took on Goliath, it took years, but we won.”

The teacher, who now works with disabled children, said he would not have come through the ordeal without the support of his family, parents of pupils, colleagues and the teacher support group Redress.

The court ruling comes in the week that Monmouthshire County Council was criticised for the amount of money spent fighting the Marjorie Evans case. The head, who was accused of slapping a pupil, was reinstated after an 18-month suspension. A total of pound;160,000 has been spent on the saga so far. This does not including a compensation claim which is being pursued by Mrs Evans.

A spokesman for Neath Port Talbot council said: “We are very disappointed by the decision in the Alan Powis case. Our insurers are considering the possibility of an appeal. We are appealing in the Cerys John case on the advice of our barrister.

“The overall cost has not been quantified but in the case of Mr Powis, damages are met by the insurers, not taxpayers.”

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