A TEACHER remains on sick leave after his attempt to sue Durham County Council for racial discrimination was ruled out of time.

Alistair Gittens claims he was racially abused by a small group of about eight pupils at Ferryhill Comprehensive School.

As a result he has been on sick leave from his job as head of art since December 1998, suffering anxiety, stress, depression and panic attacks.

Mr Gittens was claiming constructive dismissal against the council and school governors at a preliminary employment tribunal hearing this week.

He said he had not been give proper support by the management at the school, where he was the only black teacher.

But the tribunal ruled he could not press ahead with his claim because he had exceeded the three-month time limit.

His union, the National Association of Schoolmasters, Union of Women Teachers (NASUWT), said it was disappointed at the decision and would see if any other action could be taken.

A spokesman for Durham County Council said: "We are aware of the decision of the tribunal which wasn't entirely unexpected because it was realised that the claim was out of time, but at the end of the day it was still a matter for the tribunal to decide.

"Mr Gittens is still on sick leave and his situation will be something for the governors to consider."