School Standards and Framework Act 1998

Dismissal

24 (1) Before making a decision that a person employed to work at the school should have his contract of employment with the governing body terminated or should not have that contract renewed, the governing body shall—

(a) make arrangements for giving that person 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 such a decision an opportunity of appealing against the decision before they give effect to it.

(3) Where their decision is that a person should have his contract of employment terminated, then, subject to any such appeal, the governing body shall give effect to their decision by—

(a) giving the person in question such notice terminating his contract of employment as is required under that contract;

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

(4) Nothing in this paragraph shall be read as referring 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 for a period of two years or more (within the meaning of the [1996 c. 18.] Employment Rights Act 1996).

25 (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 such a decision as is mentioned in paragraph 24(1).

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

(3) Sub-paragraph (1), so far as relating to the chief education officer, has effect subject to paragraph 2(3) and (4).

26 The governing body are not required to comply with paragraph 24 in relation to the making of such a decision as is mentioned in sub-paragraph (1) of that paragraph in a case where—

(a) the termination or non-renewal of the contract of employment of the person in question is required by virtue of regulations under section 218 of the [1988 c. 40.] Education Reform Act 1988 or section 19 of the [1998 c. 30.] 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).