Cooke v Highdown School & Sixth Form Centre and others

Employment – Unfair dismissal. The Employment Appeal Tribunal, in allowing the employee's appeal in part, held, among other things, that the basis upon which the employment tribunal (the tribunal) had found that there had been no contractual obligation on the part of the employer to consider the employee, a teacher, for pay progression had been rendered unsafe. The employer had accepted that the employee had had a contractual right to be considered for pay progression to upper pay scale 2, but had argued it had not acted in breach of its obligation in that regard. The tribunal had not approached the case in that way. The case was remitted to a different tribunal for reconsideration.

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