Governing bodies

Case 4: The facts

Diane Green was a deputy head-teacher until she resigned and claimed constructive dismissal. She argued that it was the actions of the governing body, questioning her professional status, that led to her resignation.

The issue was whether a community school governing body with a delegated budget was liable for the constructive dismissal claim.

The ruling

The Court of Appeal held that the actions of the governing body were actions in the exercise of its employment powers under the delegated legislation, and that this meant the governing body should indeed be treated as if it were the employer for the purposes of Green's claim.

Kent CC v Green A1/2003/0742