A HEADteacher who was sacked for gross misconduct only to be reinstated in a different role has won the right to continue being paid her original salary.
Teresa Mooney, a former head at Park Primary, Alloa, will receive an extra £22,669 a year in her new post as an access to education officer.
Miss Mooney, who launched a legal challenge against the salary reduction, was dismissed by Clackmannanshire Council in 2009, but successfully appealed against the decision. However, the appeal committee found there were "serious shortcomings" in her abilities as a headteacher and decided to reinstate her in the alternative role in 2010.
For three years she continued to receive the same salary of £52,290, but in 2013 the local authority decided her new role warranted a salary of £29,621 and began paying her that amount.
Miss Mooney, of Glasgow, has now successfully appealed to an employment tribunal, claiming the council has been making unlaw-ful deductions from her salary.
A written judgment in the case states: "On May 22, 2009, [Miss Mooney] was summarily dismissed on grounds of gross misconduct.
"On June 24, 2009, the [council's] Workforce Committee upheld her appeal against her dismissal. The committee found the claimant had seriously failed in carrying out her duties as headteacher and there were 'serious shortcomings' in her ability to resume as a headteacher.
"The committee decided [Miss Mooney] should be given a formal warning and transferred to an alternative post.
"During negotiations about the identity of an alternative post, the [council] agreed to restore her pay and conditions as if her dismissal had not taken place.
"The [council] confirmed the claimant had not been demoted."
Council officials claimed that, under the provision of the Scottish Negotiating Committee For Teachers, staff transferred to a new role should remain on the same salary for three years.
However, they said as Miss Mooney - a headteacher since 1998 - had been transferred for misconduct reasons, the council was not obliged to do this, but had done so as a gesture of goodwill.
Miss Mooney's salary was decreased in May 2013. She raised a grievance with the council and also with the Scottish Negotiating Committee For Teachers, but neither of these were upheld.
The tribunal judgment stated: "[Miss Mooney], while disputing the allegations against her of indiscipline, does not dispute this was the reason for her transfer to the post of access to education officer.
"As indiscipline was the reason for her transfer, she does not accept the cash conservation of three years applies to her situation."
Employment Judge Frances Eccles agreed with Miss Mooney.
The judge said: "The [council] has not persuaded me there is a term, either express or implied, in the claimant's contract of employment, entitling them to reduce her salary because she was transferred to the post of access to education officer for 'indiscipline'. I am satisfied the differential in [Miss Mooney's] pay since May 2013 should be treated as a deduction from her wages. As the [council] was not entitled to make the deduction, the deduction in wages is unauthorised."
A spokeswoman for Clackmannanshire Council said it was appealing against the employment tribunal decision. She added: "It would be inappropriate to comment any further."
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