Claimant v St Andrew's Tutorial Services Limited t/a St Andrew's College
Outcome
Individual claims
The tribunal found that the claimant's contract provided for a 12-week notice period during his probationary period under clause 3.2. The claimant argued clause 9.2 applied requiring notice to end of the following term, but the tribunal held clause 3.2 applied as he was in probation. The respondent paid 12 weeks' notice in lieu which satisfied the contractual obligation.
The claimant's claim for additional holiday pay depended on his argument that he was entitled to a longer notice period during which further holiday would accrue. Since the tribunal found he was only entitled to 12 weeks' notice, no further holiday accrued beyond what he was already paid.
Facts
The claimant was employed as Deputy Head at a school from August 2023. He was dismissed during his probationary period in January 2024. The central dispute concerned the interpretation of his employment contract regarding notice period. The contract distinguished between notice during probation (clause 3.2 - 'a term's notice') and post-probation (clause 9 - notice to end of following term). The claimant argued clause 3.2 was silent on notice so clause 9.2 applied, entitling him to pay until end of summer term. The respondent paid 12 weeks' notice in lieu based on their interpretation of 'a term's notice'.
Decision
The tribunal found that clause 3.2 applied to the claimant as he was in his probationary period, and that 'a term's notice' meant a 12-week period based on the standard academic year structure of 36 weeks divided into three terms. The tribunal rejected the claimant's argument that clause 9.2 applied, finding the contract clearly distinguished probation from post-probation notice. The respondent had properly paid 12 weeks' notice in lieu, and no further sums were due.
Practical note
Contractual notice provisions in education sector employment contracts should be interpreted in light of industry-standard academic term structures, and clauses governing probationary periods take precedence over general notice provisions during that period.
Legal authorities cited
Case details
- Case number
- 3303959/2024
- Decision date
- 23 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Deputy Head – Head of Boarding and Pastoral care
- Service
- 5 months
Claimant representation
- Represented
- No