School Standards and Framework Act 1998

[F1 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— E+W

(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 [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

F1 Sch. 17 repealed (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

F2 Words in Sch. 17 para. 24(4)(b) substituted (25.10.1999) by 1999 c. 26, s. 40(2); S.I. 1999/2830, art. 2(1)(2), Sch. 1 Pt.I