The Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994

Staff: dismissal

19.—(1) The Staff Committee shall have power to determine that any person employed to work at the School should be dismissed.

(2) Where the Staff Committee are to consider the dismissal of any person employed to work at the School, they shall secure that, before reaching a decision on whether to dismiss the person concerned—

(a) he is given at least seven days' written notice of the meeting at which his dismissal is to be considered;

(b) he is informed at the same time of his right to make representations (including oral representations) to the Staff Committee to be considered by them at that meeting; and

(c) they have regard to any representations made by him.

(3) The Head Teacher shall be entitled to attend any such meeting as is referred to in paragraph (2) above; and, except where it concerns his dismissal, the Staff Committee shall have regard to any advice given by the Head Teacher before reaching their decision.

(4) The Governing Body shall make arrangements for enabling any person employed to work at the School to appeal against a decision of the Staff Committee to dismiss him.

(5) Any appeal by virtue of this Article shall be to an appeal committee constituted in accordance with the provisions of the instrument of government for the Governing Body; and the Appendix to these Articles shall have effect in relation to any such appeal.

(6) The decision of an appeal committee under this Article on any such appeal shall be binding on the persons concerned.

(7) Where in accordance with the preceding provisions of this Article it is determined by the Staff Committee that any person employed to work at the School should be dismissed, the Governing Body shall either give that person such notice terminating his contract of employment with them as is required under that contract or terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

(8) For the purposes of paragraph (7) above, any determination made by the Staff Committee in accordance with the preceding provisions of this Article shall not have effect until—

(a) where an appeal is made against the decision of the Staff Committee, that appeal has been determined; or

(b) in any other case, the period for making such an appeal has expired,

and in any case to which paragraph (a) above applies, any such determination shall not thereafter have effect where the appeal is successful.

(9) This Article shall not apply in relation to the dismissal of the Clerk to the Governing Body.