Education (No. 2) Act 1986

41 Dismissal, etc. of staff. E+W

(1) The articles of government for every county, controlled, special agreement and maintained special school shall provide—

(a) for it to be the duty of the local education authority to consult the governing body and the head teacher (except where he is the person concerned) before—

(i) dismissing (otherwise than under section 27(5) or 28(4) of the 1944 Act, which allow foundation governors to require the authority to dismiss a reserved teacher) any person to whom subsection (3) below applies;

(ii) otherwise requiring any such person to cease to work at the school; or

(iii) permitting any such person to retire in circumstances in which he would be entitled to compensation for premature retirement;

(b) for it to be the duty of the local education authority, where a teacher at the school is required to complete an initial period of probation, to consult the governing body and the head teacher before—

(i) extending his period of probation; or

(ii) deciding whether he has completed it successfully;

(c) for it to be the duty of the local education authority, where the governing body recommend to them that a person should cease to work at the school, to consider their recommendation;

(d) for both the governing body and the head teacher to have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required; and

(e) for it to be the duty of the governing body, or head teacher, when exercising that power—

(i) to inform the local education authority and the head teacher or (as the case may be) governing body forthwith; and

(ii) to end the suspension if directed to do so by the authority.

(2) In this section “suspend” means suspend without loss of emoluments.

(3) This subsection applies to any person who is employed—

(a) in a post which is part of the complement of the school in question; or

(b) to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

(i) the provision of meals;

(ii) the supervision of pupils at midday.