Job Discussion Forums

[Alex Shulgin]

Friday May 5, 2006


Two English language teachers who worked at British Council centres overseas are attempting to sue the organisation for unfair dismissal in a case that could open the doors to further litigation from other unhappy council workers.
Christopher Chadwick, who worked at the council's centre in Warsaw, Poland, until September last year, and Denise Hobin, who worked in Rome, Italy, are seeking jurisdiction under British law to proceed with their action.

They are hoping that a House of Lords ruling in January on the territorial scope of the Employment Rights Act 1996, which gives employees the right not to be unfairly dismissed, but contains no geographical limitations, will allow their case to be heard and perhaps go some way to clear up a grey area in the law surrounding expatriate workers.

The Lords ruling referred to the case Lawson v Serco Ltd. Mr Lawson claimed he was constructively dismissed from his job as a security guard with the British company Serco while working at an RAF base on Ascension Island, a dependency of the British overseas territory of St Helena.

The law lords agreed Mr Lawson could appeal an earlier court ruling that had gone against him because he could argue that he worked for a British employer in a "British enclave" overseas.

While the Lords ruling did not afford expatriates the same protection under British legislation as UK workers, it said there were exceptional cases where the law could apply, such as in the above case, or if a person could prove that they are posted abroad as a representative of, or on behalf of, a British employer "for the purposes of a business carried on in Great Britain".

Mr Chadwick, who worked for the British Council under a series of fixed-term contracts for more than four years, believes this could be enough to allow his case to be heard.

In March, Mr Chadwick and Ms Hobin gave evidence at a one-day hearing seeking to determine jurisdiction.

Both teachers claimed the overriding global strategy of the British Council was to enhance the reputation of the UK, and teachers played a key role in doing that. They also said the council encouraged a "British social atmosphere" in classrooms and teachers' common rooms, and could be seen as a British enclave.

The council, however, maintains that it does not consider its offices around the world to be extra-territorial enclaves, nor that the teachers were posted abroad.

It says its overseas teaching centres are managed and run independently from the London office - for example, setting their own rates of pay to reflect local conditions. The council's website states that all contracts issued from London "are reliable and secure and carry equal status across the globe".

However, centres do have to adhere to universal policies and guidelines relating to staff terms and conditions and are subject to inspections every three years and annual internal audits.

The council says it also has its own grievance and appeals procedures that apply to all staff.

Both sides are now preparing written submissions to the tribunal, and a decision is expected next month.

Mr Chadwick, who now teaches on a freelance basis in Warsaw, said regardless of the merits of his actual dismissal case, there was a point of principle at stake.

"If we go through the English courts, we will hopefully set a precedent and we'll know if the British Council management is following the law. It will be a huge step forward."

He added: "It depends how widely or narrowly it [the law] is interpreted."

Mr Chadwick said he assumed his contract, which stated that it was governed by British law, would automatically offer him employment protection, "but I've been proved wrong".

So far, the teachers have received financial help from members of Repspeak, an organisation that supports British Council workers. However, if they are given the green light to proceed with the case, funding could be a problem.

Asked if the council was concerned this case could lead to further action from other teachers, a spokesman said: "We are currently awaiting this outcome of this case. Following this, we will review our position as necessary."

http://education.guardian.co.uk/tefl/teaching/story/0,,1768462,00.html

[Pollux]

Although I'd like to side with the teachers fired, it is unclear from your post why they were let go. Is it possible that the BC had a good reason for sacking them?

[cezarek]

The British Council in Warsaw have asked all staff to re-apply for their jobs and have stopped (or are stopping) using part-time staff.

Looks like they're learning about economic reality.

[Alex Shulgin]

[cezarek]

By economic reality I mean they can't expect to be bailed out by the government while other schools have to complete in the marketplace.

And using part-time teachers can be beset by problems, especially when timetabling for corporate clients who moan whenever the teacher changes.

[Will.]

It looks like they could be misinterpreted as being a teaching agency does it not?