A bagpipes instructor who taught at a Perth independent school for more than 16 years has lost his bid to be given the same status as other members of staff.
Gordon Rogers, of Carnoustie, was a visiting part-time teacher of the bagpipes and chanter at Craigclowan.
He raised an action at an employment tribunal seeking a declaration of terms and conditions of employment and compensation for alleged unlawful deduction of wages.
Mr Rogers had a permanent part-time post with Perth and Kinross Council and went to work at Craigclowan, a preparatory school for pupils aged up to 13, after receiving a call from its headmaster in September 1996.
He accepted and received a letter from the school that confirmed his “appointment as piping teacher at Craigclowan.”
He worked an average of 10.5 hours a week and was always paid net of tax and national insurance.
He did not have to attend Craigclowan’s parents’ nights and Craigclowan did not pay him when he was on holiday.
His situation was reviewed when a new head teacher took over and attempted to clarify the “grey area” with visiting music teachers.
Craigclowan then invited their visiting music teachers to sign contracts making it clear they were self-employed.
Those who did so would be paid at £26.60 per hour, but Mr Rogers declined and continued to be paid at £26 per hour.
Evidence was led, however, that when another visiting music teacher was alleged to have behaved inappropriately, that case was dealt with under Craigclowan’s staff disciplinary process.
The tribunal judge Ian McFatridge came down on the side of Mr Rogers being self-employed rather than an employee.
Looking at matters since 1996 the judge found the preponderance of factors came down on the side of self-employment.
In ruling that he was an independent contractor, Mr Rogers’ claims were dismissed.