Mr A Williams v Conwy County Borough Council and 1 other — 2023

The Claimant, Mr A Williams, worked at Ysgol Nant y Groes from April 2017 on a series of temporary contracts and later, from September 2021, in the school's ASD unit. The main factual dispute was whether that later arrangement was a fixed-term teaching post or a day-to-day supply engagement. The tribunal accepted the Respondents' evidence about local authority supply arrangements, relied on the pay slips and the absence of formal contractual documentation, and found that the Claimant was engaged as a supply teacher from September 2021.

The tribunal also found that the ASD post was advertised in January 2022 and that the Claimant was unsuccessful at interview. It accepted Mr Huw Jones's evidence that the permanent post was filled and that the successful candidate would start at the beginning of the summer term. On that basis, the tribunal found that the Claimant was told on 2 February 2022 that his temporary role would end at the end of term on 8 April 2022; alternatively, if he was only told later in March, there was still a termination of employment. Applying section 98 ERA 1996 and section 98(4), it held that the reason for dismissal was that the temporary post had been filled, which it treated as some other substantial reason, and the dismissal was fair.

The wrongful dismissal claim also failed. The tribunal held that the Claimant's status from September 2021 was that of a supply teacher on a day-to-day basis and that there was no definite end date for that arrangement because it depended on recruitment to the permanent post. It therefore found that the Burgundy Book notice provisions relied on by the Claimant did not apply. The tribunal dismissed both claims and stated that no remedy hearing was required, though it noted that an application for costs might be made.