Back to search
[2026] EAT 40Partially Successful

The Kingsdale Foundation

12 March 2026England & WalesEmployment Judge THE HONORABLE MR JUSTICE COPPEL
GOV.UK

Case Summary

The appellant teacher complained that his employer had made unlawful deductions from his wages contrary to s. 13 of the Employment Rights Act 1996 by failing to pay him at the maximum rate under the upper pay range for teachers prescribed by the STPCD. The employment tribunal rejected the complaint, finding that the respondent was only required to pay the appellant at no less than the minimum of the upper pay range, in the absence of a performance assessment meeting the required standard and a decision to pay him at a higher rate.

Key Issues

  • Whether the appellant was entitled to be paid at the maximum rate under the upper pay range for teachers prescribed by the School Teachers Pay and Conditions Document (STPCD)

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

ation © EAT 2026 Page 2 [2026] EAT 40 SUMMARY UNLAWFUL DEDUCTION FROM WAGES The appellant teacher complained that his employer ha

Transfer of Undertakings (Protection of Employment) Regulations 2006Transfer of Undertakings (Protection of Employment) Regulations 2006

. That entitlement was carried over, pursuant to TUPE, when the appellant’s employer became a foundation

Decision Text

Judgment approved by the Court for handing down Adamu v The Kingsdale Foundation © EAT 2026 Page 1 [2026] EAT 40 Neutral Citation Number: [2026] EAT 40 Case No: EA-2024-001171-LA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 12 March 2026 Before: THE HONORABLE MR JUSTICE COPPEL - - - - - - - - - - - - - - - - - - - - - Between: MR ADAMU THOMAS Appellant - and – THE KINGSDALE FOUNDATION Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The Appellant in person Jude Shepherd (instructed by Veale Wasbrough Vizards) for the Respondent Hearing date: 29 January 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the Court for handing down Adamu v The Kingsdale Foundation © EAT 2026 Page 2 [2026] EAT 40 SUMMARY UNLAWFUL DEDUCTION FROM WAGES The appellant teacher complained that his employer had made unlawful deductions from his wages contrary to s. 13 of the Employment Rights Act 1996 (“the Act”) as a result of failing to pay him at the maximum rate under the upper pay range for teachers prescribed by the School Teachers Pay and Conditions Document (“STPCD”). The appellant claimed that that rate was required by his position at the highest, U3, pay point under the pre-2013 STPCD pay scale for post-threshold teachers. The employment tribunal had correctly rejected that complaint. The STPCD system of pay for post- threshold teachers had changed in 2013 so as to confer entitlement to be paid within the upper range dependent (primarily) upon performance. In the absence of a performance assessment which met the required standard and a consequent decision to pay the appellant at a higher rate, the respondent’s c...

Download full PDF

Compensation

Total£902
* Estimated figure

Employer

Respondent

The Kingsdale Foundation

Employer page →View all cases →

Employment Details

Industry
Education
Representation
Litigant in person

Case Details

Case Number
[2026] EAT 40
Tribunal
Employment Appeal Tribunal
Level
Appeal
Decision Date
12/03/2026
Published
12/03/2026
Jurisdiction
England & Wales
Judge
Employment Judge THE HONORABLE MR JUSTICE COPPEL