Sixth form teachers: how much pay for an honest day’s work (or strike)?

June 25th, 2013 by Paul Greatorex

The issue in Amey v Peter Symonds College (18 June 2013, summary available on Lawtel) was a short one: if you’re a sixth form college teacher and you go on strike for a day, how much of your annual salary should be deducted?

The parties agreed that the amount should be the same as a teacher could sue for if not paid for one day’s work, but put forward rival fractions.  The college said 1/260 on on the basis that pay only accrued over weekdays, in both term times and holidays, whereas Mr Amey said it should be 1/365.  Jay J analysed the provisions of the contract and the Apportionment Act 1870 and held that the college was right.

It should be noted that this decision does not affect school teachers, whose contract expressly provides for a deduction of 1/365 of annual salary in case of absence due to participation in a strike.

Rachel Kamm represented Mr Amey.

Paul Greatorex