Dealing with Dismissals

Head Teachers and Governing Bodies have the power to suspend any member of staff on full pay provided this is in accordance with the school’s disciplinary policy.

The suspension may only be ended by the Governing Body.

The Head Teacher and the LA if it has advisory rights, have the right to be present or represented at any meeting where a dismissal is being considered. If the head teacher is being considered for dismissal, the initial decision should be taken by at least three governors, or fewer if it it is not possible to identify three who have not been involved in the matter.

The governing body should provide the employee with reasons for the dismissal in advance of any hearing or appeal, such as complaints or allegations made against them.

Staff at risk of dismissal must be afforded the right to make representations and to appeal against their dismissal to a panel of at least three governors, or two if it is not possible to identify three who have not been involved in the matter. At least a week’s notice should be given and the member of staff can be accompanied by a union representative or colleague.

All dismissals, or potential dismissals, involving child welfare issues must be notified to the DBS, whether or not that person was dismissed or chose to leave.

The LA is responsible for dismissals where:

1.The school’s delegated budget has been suspended; or
2.The individual does not have the relevant qualifications to teach; or
3.Any restrictions have been imposed on the individual, such as inclusion on the children’s barred list.

Advice should always be taken before contemplating a dismissal.

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