School Standards and Framework Act 1998

[F1 Dismissal, etc. E+W

Textual Amendments

F1 Sch. 16 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

25 (1) Where the governing body determine that any person employed by the local education authority to work at the school should cease to work there, they shall notify the authority in writing of their determination and the reasons for it. E+W

(2) If the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either—

(a) give him such notice terminating his contract of employment with the authority as is required under that contract, or

(b) terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(3) If the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.

Modifications etc. (not altering text)

C1 Sch. 16 para. 25 applied (1.9.1999) by S.I. 1999/2258, reg. 4.

Sch. 16 para. 25 applied (1.9.1999) by S.I. 1999/2802, reg. 4(1).

26 (1) Where paragraph 25(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share. E+W

(2) The reference in sub-paragraph (1) to the person’s contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 25(1) was given.

Modifications etc. (not altering text)

C2 Sch. 16 para. 26 applied (1.9.1999) by S.I. 1999/2258, reg. 4.

Sch. 16 para. 26 applied (1.9.1999) by S.I. 1999/2258, reg. 4(1).

27 (1) The governing body shall— E+W

(a) make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 25(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

(b) have regard to any representations made by him.

(2) The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 25(1) an opportunity of appealing against it before they notify the local education authority of the determination.

(3) Nothing in this paragraph shall, however, apply to a person who—

(a) is due to cease to work at the school by reason of the termination of his contract of employment by effluxion of time; and

(b) has not been continuously employed at the school [F2 , within the meaning of the Employment Rights Act 1996, for a period at least as long as the period for the time being specified in section 108(1) of that Act (unfair dismissal: qualifying period)].

Textual Amendments

F2 Words in Sch. 16 para. 27(3)(b) substituted (1.9.1999) by 1999 c. 26, s. 40(1); S.I. 1999/2262, art. 2(1), Sch. 1 (with arts. 3-5, Schs. 5-7).

Modifications etc. (not altering text)

C3 Sch. 16 para. 27 applied (1.9.1999) by S.I. 1999/2258, reg. 4.

Sch. 16 para. 27 applied (1.9.1999) by S.I. 1999/2802, reg. 4(1).

28 (1) The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 25(1). E+W

(2) The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 25(1).

Modifications etc. (not altering text)

C4 Sch. 16 para. 28 applied (1.9.1999) by S.I. 1999/2258, reg. 4.

Sch. 16 para. 28 applied (1.9.1999) by S.I. 1999/2802, reg. 4(1).

29 (1) The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 25. E+W

(2) Sub-paragraph (1) does not apply in a case where—

(a) the dismissal of the person in question is required by virtue of regulations under section 218 of the M1 Education Reform Act 1988 or section 19 of the M2 Teaching and Higher Education Act 1998, or

(b) the person in question is a teacher who is subject to a conditional registration, suspension or prohibition order made under Schedule 2 to the 1998 Act (disciplinary powers of General Teaching Council).]

Modifications etc. (not altering text)

C5 Sch. 16 para. 29 applied (1.9.1999) by S.I. 1999/2258, reg. 4.

Sch. 16 para. 29 applied (1.9.1999) by S.I. 1999/2802, reg. 4(1).

Marginal Citations

M1 1988 c. 40.

M2 1998 c. 30.