A TEACHER at Dyson Perrins CE High School, Malvern, had to cease working there because of a breakdown, an industrial tribunal heard yesterday (Thursday).

Religious education teacher Anne Patrick is making a claim against the school's governors because she says she suffered a stress-induced illness as a direct result of working conditions there.

She joined the school in 1984 but last worked there in June, 2003, and has not been able to return since.

Under Worcestershire County Council's sickness policy, Mrs Patrick, who lives in Worcester, was off sick on full pay for six months, half pay for a further six months and thereafter was not paid.

Mrs Patrick's case is being brought under Section 44 (1)d of the Employment Rights Act 1996. This says that anyone faced with a situation of imminent danger to their health is entitled to remove themselves until the danger is remedied or averted.

Tony Burton, Mrs Patrick's solicitor, said before the hearing: "We simply say that does not exclude dangers to mental health and therefore Mrs Patrick is entitled to stay away until the cause of the stress has been remedied."

At the tribunal, which opened yesterday in Birmingham, barrister Mr Dulovic, appearing for Mrs Patrick, said: "She did not leave the workplace because of a risk; she stayed, she worked, she fell ill.

"There is an abundance of evidence of the respondent's (school governors) failure to act."

Mr Dulovic also referred to the "breakdown" Mrs Patrick suffered because of her working conditions.

But Mr Derrington, barrister for the school governors, said to allow that argument would be to throw out all contractual agreements on sick pay.

He described the claimant's approach as "speculative, a shot in the dark".

Before the tribunal could hear from witnesses, counsel for both sides debated as to whether Section 44 (1)d should apply in a case like Mrs Patrick's.

The tribunal, chaired by David Hewitt, considered the question for some time before deciding to reserve their judgement.

The hearing was adjourned and the tribunal's decision will be sent by post to both parties.

It will be at least 42 days before the hearing is resumed.

When it reopens it could hear evidence about Mrs Patrick's experiences at the school and their impact on her health.